This property has a documented history as a gasoline service station going back to 1955. Historical insurance policies issued during operations at this property 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 releases at this site originated from fueling operations and underground storage tanks that were in place decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The contamination discovered in 1997 stemmed from those historical operations — not a recent accident — meaning the CGL policies in effect during the 1955-through-1986 operational window are directly implicated. Documented remediation expenditures spanning excavation, groundwater removal, dual-phase extraction, and nearly two decades of monitoring represent costs that historical carriers may be obligated both to reimburse and to continue funding.

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.