This property has a documented history as a gasoline service station going back to 1973. 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.

The contamination here originated from gasoline releases tied to dispenser and product piping operations that began in 1973 — more than a decade before 1986, when occurrence-based Commercial General Liability policies had no effective pollution exclusion. Lead detected in groundwater samples is consistent with the historical use of leaded gasoline, which was phased out of retail sale before 1986, further anchoring the contamination's origins in that pre-exclusion era. The documented remediation trail — UST replacement, LNAPL recovery, vapor extraction, and an active program of groundwater monitoring and injection pilot tests — represents expenditures that historical carriers who issued CGL policies during the station's pre-1986 operational window 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.