This property has a documented history as a gasoline service station going back to 1970. 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.

Petroleum contamination at this site originated from underground storage tanks installed and operated from 1970 — more than fifteen years before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation expenditures to date — tank removals, soil excavation, and now multi-year groundwater monitoring and product recovery from the 2022 release — represent cleanup costs tied directly to infrastructure that was in service during the pre-1986 policy window. Historical carriers who wrote CGL coverage for the fueling station during that period may be obligated both to reimburse past remediation costs and to fund the ongoing monitoring and cleanup work ahead.

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.