This property has a documented history as a dry cleaning facility going back to 1967. 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 hydrocarbon contamination at this property traces directly to a gas station that operated from 1967 to 1978 — more than a decade before occurrence-based Commercial General Liability policies began incorporating effective pollution exclusions. Carriers who issued CGL policies to the operators of that gas station during those pre-1986 years may remain obligated for the remediation costs tied to those releases, including UST removal, soil excavation, and in-situ chemical treatment. With cleanup still ongoing, historical carriers could bear responsibility both for the costs already incurred and for funding the remediation work 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.