This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during operations at this property 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 USTs at this public works yard were in service for an extended period before their removal in 1998 — long enough, under standard tank lifecycle assumptions, to place their installation and early operation well before 1986. Occurrence-based CGL policies issued to government entities and their carriers during that pre-1986 window carried no effective pollution exclusion and remain enforceable today. The petroleum contamination discovered during the 1998 excavations represents a historical LUST release tied directly to those fleet-fueling operations, and any pre-1986 coverage may be available both to recover remediation costs already incurred and to fund the cleanup work that has yet to be confirmed as complete.

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.