This property has a documented history as a gasoline service station going back to 1986. 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 fueling station began operating in 1986, the same year the insurance industry transitioned away from occurrence-based Commercial General Liability policies that had no effective pollution exclusion. CGL policies issued to the operator at the start of that fueling operation may still have been written on an occurrence basis, covering the slow petroleum releases from underground storage tanks that contaminated soil and groundwater over the station's thirteen years of operation. The documented remediation expenditures — tank removals, soil excavation, LNAPL recovery, long-term monitoring, and planned vapor extraction — represent costs that historical carriers may be obligated both to recover 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.