This property has a documented history as a gasoline service station going back to 1974. 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 contamination at this site traces to tank operations that predate 1986 on multiple independent indicators: single-walled steel tanks consistent with a mid-1970s installation, and soil samples from the 1999 excavation showing total lead concentrations of 57 mg/kg — a signature of leaded gasoline, which was phased out before 1986. Occurrence-based CGL policies issued to the service station operators during that pre-1986 window carried no effective pollution exclusion and remain potentially enforceable today. The documented remediation expenditures — three UST removals, excavation and thermal desorption of over 1,150 tons of contaminated soil, and continuing groundwater monitoring — represent costs those historical carriers 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.