This property has a documented history as a gasoline service station going back to 1970. 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 site originated from gasoline storage and dispensing operations documented as early as 1970 — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Elevated lead levels detected in groundwater point to releases of leaded gasoline, a product phased out before 1986, anchoring the contamination trigger squarely in the pre-1986 policy window. The multi-year remediation costs being incurred by ExxonMobil — and potentially the property owner — represent expenditures that historical CGL carriers may be obligated both to reimburse and to fund through completion.

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.