This property has a documented history as a gasoline service station going back to 1981. 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 gasoline release at this property originated from an underground storage tank that was operational before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. Nearly two decades of documented remediation expenditures — groundwater recovery, vapor extraction, well installation, carbon filtration, and long-term monitoring — were incurred to address contamination tied directly to that pre-1986 UST spill. Because cleanup has started but is not yet complete, historical carriers who issued CGL policies during the early 1980s may be obligated both to recover past costs and to fund the remaining remediation.

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.