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 presence of lead in groundwater at this site is a direct fingerprint of leaded gasoline, which was phased out before 1986 — establishing that the UST releases originated during an era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Contamination from those former tanks — petroleum hydrocarbons, benzene, and lead migrating into soil and groundwater — reflects the kind of slow, ongoing release that pre-1986 CGL policies were written to cover. Historical carriers who issued policies to Exxon or its operators during the facility's pre-1986 operating window may still be obligated to fund the continuing groundwater investigation and remediation costs here.

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.