This property has a documented history as a gasoline service station going back to 1949. 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.

Contamination at this property — including lead from leaded gasoline, an additive phased out before 1986 — traces directly to fueling operations that began more than three decades before the modern pollution exclusion became standard in Commercial General Liability policies. Occurrence-based CGL policies issued to the operators during that pre-1986 window had no effective pollution exclusion and remain potentially enforceable. The site's documented remediation expenditures — UST removals, soil excavation, groundwater recovery, vapor extraction, and years of monitoring — represent costs the historical carriers may be obligated both to recover and to fund going forward.

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.