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.

Groundwater monitoring wells were already in place by 2002 to address existing petroleum contamination at this site, indicating the underlying release originated from fuel dispensing operations years or decades prior — well within the window when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The TPH and BTEX contamination documented here is precisely the type of slow subsurface release those pre-1986 policies were written to cover. Historical carriers whose CGL policies were in force during the station's operating years may be obligated both to recover documented investigation and remediation costs and to fund the cleanup work that continues under the Voluntary Cleanup Program.

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.