This property has a documented history as a public works and maintenance facility going back to 1981. 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 contamination here — petroleum hydrocarbons from a gasoline UST, PAHs, naphthalene, and pollutants introduced through fill placement of unknown origin — traces to infrastructure installed and grading activities performed when the Park and Ride was built in 1981, five years before occurrence-based CGL policies began routinely excluding pollution claims. Carriers who issued CGL coverage during that pre-1986 operational window wrote policies on an occurrence basis with no effective pollution exclusion, and may remain liable for the excavation, dewatering, long-term engineering controls, and institutional compliance costs now being incurred and proposed at this site.

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.