This property has a documented history as a gasoline service station going back to 1983. Historical insurance policies issued during operations at this property 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 property — TPH, BTEX, and diesel from leaking underground storage tanks — originated from operations that began in 1983, three years before the 1986 threshold at which occurrence-based Commercial General Liability policies stopped reliably covering pollution claims. Carriers who issued CGL policies to the fueling station between 1983 and 1986 may have had no effective pollution exclusion in those contracts, and the documented remediation costs — excavation, chemical treatment, and continuing groundwater monitoring — represent both recoverable past expenditures and anticipated future outlays those historical policies may be obligated to fund.

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.