This property has a documented history as a automobile dealership going back to 1930. 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 here originated from auto dealership and service operations conducted decades before 1986, when occurrence-based CGL policies were still the industry standard and carried no effective pollution exclusion. The 2007 remediation — excavation and off-site disposal of 85 tons of impacted soil — represents documented past expenditures that historical carriers whose policies were in effect at the time of the original release may be obligated to reimburse. Beyond those recoverable sunk costs, cleanup at this property remains ongoing, meaning those same pre-1986 insurers may also be obligated to fund the continuing remediation work 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.