This property has a documented history as a bulk fuel distribution terminal going back to 1928. 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.

Bulk petroleum fuel storage and distribution operations at this terminal ran for roughly six decades before its 1988 closure, spanning the entire era when occurrence-based Commercial General Liability policies were written without effective pollution exclusions. The 1986 diesel release falls squarely within the coverage window of carriers who insured the facility during its pre-1986 operational years. With 20,000 cubic yards of impacted soil still requiring excavation and treatment and active bay seep control ongoing, the historical carriers who issued CGL policies during those decades of operation may bear continuing financial obligations for the remediation costs now being incurred.

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.