This property has a documented history as a farm and agricultural operation going back to 1971. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.

Why Historical Insurance Policies May Be Accessible

Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Washington. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.

The petroleum contamination at this property traces to a gasoline UST installed before 1971 — more than fifteen years before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The release resulted from routine operational causes, a leaking pipe fitting and overfilling of vehicles, precisely the kind of gradual, ongoing contamination those pre-1986 policies were written to cover. Documented remediation expenditures to date — tank removal, large-scale soil excavation, thermal treatment, groundwater investigation — along with the costs of completing cleanup, represent obligations the historical carriers who insured these operations may still be required to fund.

Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.