This property has a documented history as a bulk fuel distribution terminal 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 site originated from underground storage tanks that were in service before 1986, during the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. With the site under an active Standard Cleanup program, the investigation and remediation costs associated with addressing petroleum releases from those pre-1986 UST operations — both expenditures already incurred and cleanup work still ahead — may fall within the coverage obligations of historical CGL carriers who insured the facility during the years the tanks were in use.

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.