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 petroleum and waste oil contamination at this site originates from underground storage tank operations that, based on the physical evidence of tanks removed in 1990, were in place well before 1986 — the year occurrence-based CGL policies began routinely excluding pollution claims. Carriers who issued those policies to the service station operator during the pre-1986 window had no effective pollution exclusion under Washington law and remain potentially obligated on those coverage obligations today. The remediation expenditures documented here — soil excavation, UST removal, sump pumping, and ongoing contamination management — represent costs that historical insurers may be required both to recover 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.