This property has a documented history as a gasoline service station going back to 1969. 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 contamination at this property — petroleum hydrocarbons and lead in soil and groundwater — traces to gasoline storage and dispensing operations that began in 1969, nearly two decades before 1986. The presence of lead in groundwater strongly implies the use of leaded gasoline, which was phased out before 1986, anchoring the contamination origin squarely within the pre-1986 policy window when occurrence-based CGL policies had no effective pollution exclusion. Those historical carriers may be obligated to recover documented remediation costs — UST removals, soil excavation, groundwater treatment, long-term monitoring — and to fund continued cleanup 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.