This property has a documented history as a public works and maintenance facility going back to 1971. 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 petroleum contamination here — from gasoline, diesel, and waste oil storage tanks in active use well before 1986 — traces directly to the era when occurrence-based Commercial General Liability policies were still standard and carried no effective pollution exclusion. The documented remediation work, including UST removal and soil excavation, was incurred to address releases tied to those pre-1986 operations. Historical carriers who issued CGL policies to the facility or its operators during that window may remain obligated to recover those past cleanup costs and to fund continuing remediation.

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.