This property has a documented history as a bulk fuel distribution terminal going back to 1909. 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.

Petroleum contamination at this property traces to bulk fuel storage and distribution operations that began in 1909 and continued for most of the twentieth century — decades spanning the entire era when occurrence-based CGL policies were issued without effective pollution exclusions. The documented remediation costs already incurred — excavation and thermal treatment of hundreds of tons of impacted soil, contaminated water removal — and the expenditures that will follow through the RI/FS and eventual cleanup action represent liabilities the historical carriers who issued policies during that long operational window 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.