This property has a documented history as a industrial and manufacturing facility going back to 1984. 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.

Diesel fueling operations at this property began in 1984 — within the window when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion in Washington. The remediation costs already incurred — AST removal and excavation of 68 tons of contaminated soil — represent documented expenditures that historical carriers who issued CGL policies during the 1984–1986 operational window may be obligated to recover. With additional soil excavation and long-term groundwater monitoring still ahead, those same pre-1986 policies could also be called upon to fund the cleanup costs yet to come.

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.