This property has a documented history as a bulk fuel distribution terminal going back to 1962. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.

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 migrating onto this property originated from bulk fuel storage operations that predate 1986, and the "well-weathered" condition of the plume as of 1999 places the initial release squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Historical carriers who issued CGL coverage to Unocal or the Port during those pre-1986 decades may remain obligated to respond to cleanup costs tied to that release. With active remediation still pending under the Voluntary Cleanup Program and institutional controls yet to be finalized, the investigation and compliance expenditures ahead could plausibly be funded by those historical policies.

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.