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.

The detection of lead and EDB in groundwater at this site ties the contamination directly to the use of leaded gasoline, which was phased out before 1986 — squarely within the window when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Nearly two decades of documented remediation expenditures — vapor extraction, long-term groundwater monitoring, well installation and decommissioning — were incurred to address releases that originated during that pre-1986 operational period. Historical carriers who covered the facility's operators when leaded fuel was still in use may be obligated both to recover past cleanup costs and to fund the remediation that remains.

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.