This property has a documented history as a public works and maintenance facility going back to 1930. 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 three USTs removed from this property were found in poor condition — corroded with corrosion holes and containing highly weathered gasoline — physical evidence consistent with installation and operation well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The documented remediation expenditures here — tank removals, excavation of over 1,300 tons of impacted soil, recovery of nearly 49,000 gallons of contaminated groundwater, and an ongoing monitoring obligation — represent cleanup costs tied directly to those pre-1986 fueling operations. Historical carriers whose CGL policies covered the property during that operational window may be obligated both to recover past remediation costs and to fund the groundwater monitoring program still ahead.

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.