This property has a documented history as a gasoline service station going back to 1970. 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 petroleum release here traces directly to USTs installed in the early 1970s and operated for more than a decade before 1986, when occurrence-based Commercial General Liability policies issued in Washington still carried no effective pollution exclusion. The contamination's own chemical signature — highly weathered gasoline with lead anti-knock compounds — places the causative release before 1984, squarely within that historical coverage window. The expenditures already incurred — tank removals, soil excavation, vapor extraction testing, groundwater recovery, and chemical injection — and the up to $3.2 million in projected future costs both represent liabilities that historical CGL carriers may be obligated 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.