This property has a documented history as a bulk fuel distribution terminal going back to 1928. 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 here originated from bulk terminal operations conducted entirely between 1928 and 1970 — a span that predates the 1986 threshold by at least sixteen years and spans multiple decades during which occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Lead detected in the soil is consistent with the leaded-gasoline era and ties the release directly to those pre-1986 operations. The remediation costs now being incurred under PLIA TAP — investigation, design, and active cleanup — are expenditures that historical carriers who issued CGL policies to operators of this facility may be obligated to both recover and 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.