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.

Lead detected in soil samples from the gasoline UST excavation points to contamination from leaded gasoline, which was in widespread commercial use well before 1986 — the year occurrence-based CGL policies stopped reliably covering pollution claims in Washington. The discovery of a previously unidentified older UST alongside the four documented gasoline tanks indicates that fuel dispensing operations at this property extended through decades of pre-1986 commercial activity. Carriers who issued CGL policies during that operational window had no effective pollution exclusion, and the documented remediation expenditures here — five UST removals, 710 tons of soil excavation, a plastic liner installation, and planned additional cleanup — represent costs those historical policies may be obligated to fund.

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.