This property has a documented history as a gasoline service station going back to 1975. 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 gasoline and diesel underground storage tanks at Sea Gear were installed in 1975 and operated for years under the occurrence-based CGL policies that were standard before 1986 — policies that carried no effective pollution exclusion for petroleum releases of this kind. Historical carriers who issued those policies may be obligated both to reimburse the documented remediation costs already incurred through the Voluntary Cleanup Program and to fund the cleanup work that still lies ahead. With the VCP project terminated and site remediation unresolved, the need to access historical insurance is prospective as much as retrospective.

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.