This property has a documented history as a gasoline service station going back to 1936. 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 underground storage tanks at this property were installed and operated across four decades that predate the 1986 cutoff at which occurrence-based Commercial General Liability policies lost their effective pollution coverage. Construction of the oil pollution control device between 1979 and 1981 represents documented remediation expenditures already incurred — costs that historical carriers whose policies were in force during the gasoline station's operational decades may be obligated to recover. With further cleanup work still awaiting commencement, those same pre-1986 policies could also be drawn upon to fund the remediation that lies 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.