This property has a documented history as a gasoline service station going back to 1946. 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 hydrocarbon contamination at this property traces to underground storage tank operations that began in 1946 — four decades before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion. Carriers who issued CGL policies to the Flying A service station operators during that pre-1986 window may retain obligations tied to the contamination those operations caused. The remediation record here — soil excavation exceeding 3,400 tons, thermal desorption treatment, and a pump-and-treat system that has processed millions of gallons of affected groundwater — documents both the expenditures already made and the ongoing costs those historical carriers may be obligated to fund.

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.