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 contamination at this site stems from underground storage tank operations that predate 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The soil contamination left behind after tank removal is exactly the kind of long-tail environmental liability those historical policies were designed to cover. With active cleanup underway and remediation costs continuing to accrue, CGL carriers who were on the risk during the decades of UST operations may be obligated to fund both past and ongoing remediation expenditures.

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.