This property has a documented history as a bulk fuel distribution terminal going back to 1940. 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.

Diesel-range petroleum contamination at this site traces directly to fuel storage and dispensing infrastructure that was in place decades before 1986 — the aboveground tank alone predates 1956. Occurrence-based CGL policies issued to the operators during those pre-1986 years carried no effective pollution exclusion under Washington law and remain enforceable today. The remediation expenditures already incurred — tank removals, soil excavation, LNAPL recovery — and the ongoing costs outlined in the Cleanup Action Plan represent obligations that historical carriers may be required 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.