This property has a documented history as a public works and maintenance facility going back to 1957. 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 contamination here — petroleum hydrocarbons and lead attributable to fueling and vehicle maintenance operations — traces to underground storage tanks that were in the ground by 1957, nearly three decades before occurrence-based Commercial General Liability policies began incorporating effective pollution exclusions. The City of Tacoma and Pierce County, as co-operators of the facility during that pre-1986 window, would plausibly have carried CGL coverage in force during the years the tanks were leaking. The documented remediation costs — UST removal, excavation of nearly 4,000 tons of impacted soil, off-site thermal treatment, and ongoing monitoring obligations tied to a Restrictive Covenant — represent expenditures that historical carriers may be obligated both to recover and to fund as the cleanup continues.

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.