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 petroleum contamination documented at this former Exxon station — TPHg, TPHd, and BTEX compounds in groundwater — originated from underground storage tanks that were operational well before their 1993 removal and, given the regulatory environment of that era, almost certainly predated 1986. Occurrence-based CGL policies issued to the station operator before that date carried no effective pollution exclusion and remain enforceable today. The documented remediation expenditures here — UST excavation, installation of extraction and air sparge infrastructure, and years of quarterly monitoring — 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.