This property has a documented history as a bulk fuel distribution terminal predating 1986. Historical insurance policies issued during operations at this property 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 diesel and oil NAPL uncovered during excavation reflects pre-existing contamination consistent with historical bulk petroleum handling at this Port of Tacoma site, in an area developed for industrial use since the late nineteenth century — not the result of a recent, isolated spill. Occurrence-based Commercial General Liability policies issued to the operators of bulk fuel facilities here before 1986 carried no effective pollution exclusion, meaning the contamination that triggered the current treatment and dewatering costs almost certainly originated during that coverage window. Historical carriers whose policies were in force during those decades of port operations may be obligated to recover the remediation expenditures already incurred and to fund the cleanup work that remains ahead.

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.