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.

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.

Because the contamination predates its 2005 discovery and was characterized as historical — with no identifiable recent spill or accident — the release is consistent with petroleum use occurring before 1986, when occurrence-based Commercial General Liability policies had no effective pollution exclusion. Diesel and heavy oil contamination of the type found here, including possible bunker C, was characteristic of municipal fleet operations and heating infrastructure that relied on exactly those pre-1986 policy forms. The investigation and remediation costs now facing the responsible parties could plausibly be recovered from historical carriers whose CGL policies were in force during the period the contamination originated.

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.