This property has a documented history as a gasoline service station going back to 1949. 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 petroleum contamination at this property originates directly from underground storage tank operations that began in 1949 — nearly four decades before 1986, when occurrence-based Commercial General Liability policies were still the industry norm and carried no effective pollution exclusion. Hertz's fueling operations spanned close to thirty years, encompassing the full window during which pre-1986 CGL policies would have been issued to the operators. The documented remediation costs here — UST removals, soil excavation, groundwater recovery, and multi-year monitoring — represent expenditures that historical carriers may be obligated to recover, with potential further obligations if the site has not yet reached regulatory closure.

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.