This property has a documented history as a gasoline service station 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 site — gasoline range organics and lead — originated from a former fuel dispenser system that was in place well before the 1998 tank replacement, with the presence of lead pointing to operations during the era of leaded gasoline, a practice phased out before 1986. Occurrence-based CGL policies issued during those earlier decades of fueling operations had no effective pollution exclusion in Washington and remain enforceable today. The site's documented and ongoing remediation costs — soil excavation, tank replacement, long-term groundwater monitoring, and remedial work still being designed — 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.