This property has a documented history as a public works and maintenance facility predating 1986. 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 resulted from corroded underground fuel tanks that were in service well before 1986 — confirmed by their January 1984 decommissioning date and the presence of leaded gasoline, a fuel phased out in the mid-1980s. Occurrence-based CGL policies in effect during the years those tanks were actively leaking would have covered the resulting pollution claims without an effective exclusion under Washington law. The documented remediation costs — tank removal, multi-phase excavation, soil processing — represent expenditures that 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.