This property has a documented history as a bulk fuel distribution terminal going back to 1910. 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.

Petroleum contamination at this property traces to bulk storage operations that began as early as 1910 — nearly eight decades before the 1986 threshold after which occurrence-based CGL policies began incorporating effective pollution exclusions. The Black Tank and its associated infrastructure were in active petroleum service for most of the twentieth century, a period during which historical carriers issued policies with no meaningful bar to pollution claims arising from gradual releases. The documented remediation expenditures — tank and soil excavation, site investigation, and the planned bioventing and biosparging program — represent costs that historical carriers may be obligated both to recover and to fund as the project advances through its remaining phases.

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.