This property has a documented history as a gasoline service station going back to 1978. 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 contamination at this site originated from an underground storage tank installed around 1978 — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Benzene and petroleum hydrocarbons released from that tank during its years of operation represent exactly the kind of gradual, below-ground discharge these policies were written to cover. With cleanup started but not yet complete, the historical carriers who insured the tank's operators during the late 1970s and early 1980s may be obligated both to reimburse past remediation expenditures and to fund the remaining work.

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.