This property has a documented history as a gasoline service station predating 1986. 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.

The weathered Stoddard solvent found beneath the former drainfield — a petroleum product in widespread industrial use well before 1986 — indicates that the contamination originated from historical operations predating 1986, not a recent release. Occurrence-based CGL policies issued to this property's operators during that pre-1986 window carried no effective pollution exclusion in Washington and remain enforceable. The documented remediation expenditures — investigation, soil excavation, and continuing cleanup obligations — represent costs that historical carriers 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.