This property has a documented history as a gasoline service station going back to 1970. 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.

Gasoline storage and dispensing at this property dates to well before 1986, as confirmed by the presence of leaded gasoline — a product phased out of commercial sale by the mid-1980s. The contamination from these historical UST operations is precisely the kind of gradual, below-ground release that occurrence-based CGL policies of that era were written to cover, before effective pollution exclusions became standard. Documented remediation expenditures — tank removals, soil excavation, monitoring well installation, and ongoing site characterization — represent costs that historical carriers may be obligated both to recover 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.