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 contamination at this property traces directly to underground storage tank operations that predated 1986 — the year occurrence-based Commercial General Liability policies began incorporating effective pollution exclusions. CGL policies issued to Hudson Oil or the property's operators during that pre-1986 operational window were written on an occurrence basis with no enforceable pollution exclusion under Washington law. The documented and anticipated remediation expenditures here — UST removal, groundwater monitoring, vapor intrusion investigation, and the ongoing assessment required under MTCA — represent costs the historical carriers may be obligated both to recover and to fund going forward.

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.