This property has a documented history as a gasoline service station 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 TPH-G contamination documented in soil beneath this property originated from underground storage tanks installed in 1957 — nearly three decades before 1986, the year occurrence-based Commercial General Liability policies began to routinely exclude pollution claims. Operators of the Arco station carried commercial liability coverage throughout that pre-1986 window, when such policies were written without effective pollution exclusions in Washington. The UST decommissioning, engineered containment systems, and court-recorded covenant requiring decades of vapor monitoring represent remediation expenditures that historical carriers whose policies were in force during the station's operation may be obligated both to recover 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.