This property has a documented history as a gasoline service station going back to 1944. 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.

Petroleum hydrocarbons and MTBE found in soil and groundwater at this site originated from underground storage tanks and dispensing infrastructure installed and operated for more than four decades before 1986. Occurrence-based CGL policies issued to the operators during that pre-1986 window carried no effective pollution exclusion and remain enforceable today. The documented remediation costs — UST and oil/water separator removals, soil excavation, groundwater recovery, long-term monitoring — represent expenditures that historical carriers whose policies covered operations dating to 1944 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.