This property has a documented history as a auto body / repair shop going back to 1959. 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 former garage operations responsible for contamination here were active by at least 1959 — more than two decades before 1986, when occurrence-based Commercial General Liability policies began routinely excluding pollution claims. The petroleum hydrocarbons found in soil and groundwater represent the type of gradual, source-tied release that pre-1986 CGL policies were written to cover. Historical carriers who issued occurrence-based policies during the garage's operational window may be obligated both to recover costs already incurred — UST closure, waste removal, interim water supply — and to fund the soil and groundwater remediation that Ecology has determined the site still requires.

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.