This property has a documented history as a bulk fuel distribution terminal going back to 1982. 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 underground storage tanks at this property were installed and actively leaking before 1986 — the period when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The benzene, diesel, and gasoline contamination documented here originated from operational releases during the 1982–1987 window, precisely the type of gradual, pre-cutoff release those policies were written to cover. Documented remediation costs spanning more than two decades — UST removals, soil excavation, land farming, groundwater treatment, and long-term monitoring — combined with hundreds of cubic yards of impacted soil still awaiting removal represent expenditures that historical carriers who issued CGL policies during that operational period 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.