This property has a documented history as a gasoline service station predating 1986. 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.

A 2003 cleanup report attributed contamination at this site directly to "over 50 years of operation, leakage, and careless waste handling practices," placing the origin of releases before 1953 — more than three decades before the 1986 threshold at which occurrence-based Commercial General Liability policies began carrying effective pollution exclusions. The USTs were in service long before their 1991 lining and upgrade, confirming that the contamination-generating operations overlap squarely with the era when pre-exclusion CGL policies were standard. As the Voluntary Cleanup Program work continues, historical carriers whose policies were in effect during those decades of fueling operations may be obligated both to recover documented cleanup costs and to fund the remediation work still 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.