This property has a documented history as a gasoline service station predating 1986. 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 lead contamination found in groundwater at this site is a chemical fingerprint of leaded gasoline — a product phased out for on-road vehicles before 1986 — establishing that the pollution originated during the era when occurrence-based CGL policies carried no effective pollution exclusion. Nearly two decades of documented remediation expenditures — tank removals, groundwater monitoring, on-site treatment, and off-site purge-water disposal — represent costs tied directly to those pre-1986 operations. Because cleanup is ongoing, historical carriers who issued CGL policies during the leaded-gasoline era may be obligated both to recover past remediation costs and to fund the work that remains.

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.