This property has a documented history as a gasoline service station going back to 1965. 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.

Petroleum contamination at this site originated from first-generation underground storage tanks installed and operated beginning in 1965 — more than two decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation costs spanning from 1988 through the present — soil excavation, vacuum-enhanced recovery, high-vacuum groundwater extraction, and decades of monitoring — represent expenditures that historical carriers who wrote policies during that 1965-to-1986 window may be obligated both to reimburse and to continue funding. Lead detected in site soils further corroborates the pre-1986 origin of the release, when leaded gasoline was still in commercial use.

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.