This property has a documented history as a bulk fuel distribution terminal 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 diesel UST identified as the contamination source was last used in 1981 — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Decades of documented remediation expenditures at this site, from tank removals and product recovery through large-scale soil excavation and ongoing groundwater monitoring, were incurred to address releases tied directly to those pre-1986 fueling operations. With cleanup still underway, historical carriers who issued CGL policies during the facility's operational window may be obligated both to recover past remediation costs and to fund the work that remains.

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.