This property has a documented history as a public works and maintenance facility 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 residual diesel-range hydrocarbon contamination at this property is consistent with a prolonged release from underground storage tanks operated at a municipal fueling facility over decades preceding their 2004 removal — placing the contamination origin squarely within the era of occurrence-based Commercial General Liability policies that carried no effective pollution exclusion. Those pre-1986 CGL policies issued to Kitsap County during the tanks' operational life remain potentially enforceable against historical carriers. The documented remediation costs — UST removal, soil capping, and an ongoing multi-year monitoring and maintenance program — represent expenditures those carriers may be obligated to recover and to fund through the remainder of the cleanup.

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.