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.

Total lead detected in groundwater at 5,800 micrograms per liter is a direct chemical indicator of leaded gasoline, which was phased out of the U.S. fuel supply by 1986, confirming that the releases at this property originated from operations in the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. Gasoline-range and diesel-range hydrocarbon contamination throughout the soil and groundwater reflects the same pre-1986 release window. The documented remediation costs already incurred — UST removal, multi-year characterization, waste disposal — and the costs of the cleanup still ahead represent expenditures that historical CGL carriers whose policies were in force during those operations 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.