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 detection of Total Lead in soil and groundwater at this active gasoline station is direct evidence that operations here predate 1986, when leaded fuel was still in commercial use and occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The multi-year cleanup record — groundwater monitoring stretching back to 1989, subsurface investigation, and ongoing VCP participation — represents substantial expenditures already incurred that historical carriers may be obligated to reimburse. Those same carriers may also be required to fund the remediation work this site continues to generate, making pre-1986 CGL policy recovery potentially valuable for both past costs and ongoing obligations.

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.