This property has a documented history as a gasoline service station going back to 1940. 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 originates from underground storage tank operations that began in 1940 — more than four decades before 1986, when occurrence-based Commercial General Liability policies were still the industry norm and contained no effective pollution exclusion in Washington. Releases from gasoline and heating-fuel USTs installed at the outset and left in service for decades represent precisely the kind of long-tail environmental liability those pre-1986 policies were underwritten to cover. Historical carriers who issued CGL policies during the station's operational years may bear obligations toward the remediation expenditures now being incurred under the Voluntary Cleanup Program — and toward cleanup costs still to come.

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.