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 petroleum contamination at this property traces directly to underground storage tanks installed and operated beginning in 1957 — nearly three decades before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and lacked an effective pollution exclusion in Washington. The documented remediation expenditures here — soil excavation, LNAPL recovery, multi-year groundwater monitoring, and ongoing investigation — are the direct consequence of releases from those pre-1986 operations. Historical carriers who wrote CGL policies during the service station's operational window may be obligated both to recover the cleanup costs already incurred and to fund the remediation 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.