This property has a documented history as a gasoline service station going back to 1922. 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 gasoline station responsible for this contamination operated from 1922 through the late 1960s or early 1970s — decades before 1986, when occurrence-based Commercial General Liability policies were still the industry norm and lacked effective pollution exclusions. Lead analysis was conducted on soil samples specifically because of the age of the tanks and the historical use of leaded gasoline, placing the releases squarely in the pre-1986 era. Historical carriers who issued CGL policies to the station's operators during that long operational window may be obligated both to recover costs already incurred — UST removals, soil excavation, and bioremediation — and to fund the monitoring and remedial work that continues as the site works toward NFA status.

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.