This property has a documented history as a gasoline service station going back to 1979. Historical insurance policies issued during operations at this property 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.

Petroleum contamination at this site originated from underground storage tanks installed and operated beginning in 1979, seven years before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The discovery of holes in at least one UST confirms a slow, ongoing release during the pre-1986 policy window — exactly the kind of occurrence those policies were written to cover. Documented remediation costs to date, including tank removal, soil excavation, and nearly two decades of hazard monitoring, represent expenditures the historical carriers may be obligated both to reimburse and to fund as cleanup continues.

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.