This property has a documented history as a gasoline service station 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 gasoline contamination at this property originated from underground storage tanks that stored and dispensed leaded gasoline — a fuel phased out in the United States before 1986. The presence of total lead in the soil directly associated with those tanks confirms that the contaminating operations were under way during the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Documented remediation expenditures — tank removal, soil excavation, liquid recovery, and site restoration — along with the prospect of continued cleanup oversight represent costs that historical carriers who insured the station during its pre-1986 operations may be obligated both to reimburse 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.