This property has a documented history as a gasoline service station going back to 1936. 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 — LNAPL, benzene, and petroleum hydrocarbons in soil and groundwater — originates from underground storage tank operations and automotive repair activities that began in the 1930s, more than four decades before 1986. Occurrence-based Commercial General Liability policies issued to operators during that pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. The documented remediation expenditures already incurred — UST removals, soil excavation, LNAPL recovery, groundwater extraction — and the substantial cleanup work still underway represent costs that historical carriers 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.