This property has a documented history as a auto body / repair shop 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 contamination at this property — heavy oil range petroleum hydrocarbons from in-ground hydraulic hoists and a waste oil underground storage tank — is the type of slow accumulation characteristic of automotive repair operations conducted well before modern UST regulations took hold in the mid-1980s. Occurrence-based CGL policies issued to automotive facilities during that pre-1986 window contained no effective pollution exclusion and remain enforceable today. The documented remediation costs here — soil excavation, groundwater and free-product recovery, monitoring well installation, and an infiltration gallery for ongoing treatment — represent expenditures that historical carriers may be obligated both to recover and to fund going forward.

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.