This property has a documented history as a gasoline service station predating 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 petroleum contamination at this property originated from underground storage tank operations that predate 1986, the period when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Two of the three USTs were removed at dates unknown prior to November 2021 — a records gap characteristic of pre-regulatory-era installations. The documented remediation costs incurred here — UST removals, excavation of 2,000 tons of impacted soil, and multi-well groundwater monitoring — are directly traceable to those historical operations, and historical carriers who issued CGL policies during that operational window may be obligated both to recover past expenditures and to fund the cleanup work still underway.

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.