This property has a documented history as a bulk fuel distribution terminal going back to 1979. 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 yard traces directly to underground storage tanks installed and operated in 1979 — seven years before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. Carriers who issued CGL policies to Weyerhaeuser or its lessees during that pre-1986 window wrote coverage for exactly this kind of slow, progressive release from fueling infrastructure. With cleanup still underway, the documented remediation expenditures — tank removals, soil work, and whatever further action the cleanup program requires — represent costs those historical policies may be obligated both to reimburse and to fund going forward.

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.