This property has a documented history as a gasoline service station going back to 1956. 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 petroleum contamination at this property traces directly to underground storage tanks installed in 1956 and 1964 — three decades or more before 1986 — and regulators confirmed by 1991 that the separate-phase hydrocarbons detected were not the result of any recent release, establishing the historical origins of the contamination. Occurrence-based Commercial General Liability policies issued to Shell and its operators during that pre-1986 operational window carried no effective pollution exclusion and remain enforceable under Washington law. The documented remediation costs here — eight tank removals, mass soil excavation, groundwater treatment, vapor extraction, and continuing monitoring — represent expenditures that 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.