This property has a documented history as a gasoline service station going back to 1922. 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 USTs at A & T Pump were installed in the 1940s and dispensed leaded gasoline and diesel until 1975 — placing the contamination-generating operations entirely within the decades when CGL policies issued to this property's operators carried no effective pollution exclusion under Washington law. The expenditures already incurred — brownfields investigation, UST and hydraulic hoist removal, and soil and groundwater sampling — are past cleanup costs that historical carriers may be obligated to reimburse. With the Standard Cleanup program still active at this site, those same pre-1986 policies may also be called upon to fund the remediation work that remains 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.