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 gasoline contamination at this property — petroleum hydrocarbons and benzene from leaking underground storage tanks — is the product of fuel-dispensing operations that predate 1986. Occurrence-based Commercial General Liability policies in effect during those operational years carried no effective pollution exclusion under Washington law and remain enforceable today. The documented remediation expenditures — tank removals, excavation of over 2,000 tons of contaminated soil, site capping, and years of groundwater monitoring — represent costs that historical carriers may be obligated both to reimburse and to fund as cleanup continues.

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.