This property has a documented history as a public works and maintenance facility going back to 1968. 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 underground storage tanks at this facility were installed around 1968 based on standard tank lifecycle analysis, placing fueling operations firmly within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Nearly two and a half decades of petroleum dispensing from those tanks produced the contamination now requiring remediation, and the costs of that ongoing cleanup — investigation, soil characterization, and whatever corrective action follows — trace directly to releases that occurred under those pre-1986 policies. Historical carriers on the risk during the tanks' operational life may be obligated both to reimburse past remediation expenditures and to fund the cleanup work still 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.