This property has a documented history as a gasoline service station going back to 1950. 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.

Petroleum contamination at this site originated from underground storage tanks and fueling operations that began in the 1950s — more than three decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The pre-1987 USTs and detection of lead in groundwater samples point to decades of leaded-gasoline dispensing under policies that contained no effective pollution exclusion in Washington. Historical carriers who issued CGL coverage during that operational window may be obligated both to recover the remediation costs already incurred and to fund the cleanup work that remains ahead.

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.