This property has a documented history as a gasoline service station going back to 1950. 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.

Fuel retail operations at this property spanned more than two decades before 1986, during which occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The petroleum hydrocarbon contamination now driving remediation costs here is directly attributable to tanks and infrastructure in place throughout that pre-1986 operational window — precisely the type of release those policies were written to address. A property owner in this position may be able to recover documented cleanup expenditures — excavation, disposal, well installation, and ongoing groundwater monitoring — from historical carriers whose policies were in force at the time, and to require those same carriers to fund the remediation work that remains ahead.

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.