This property has a documented history as a gasoline service station going back to 1963. Historical insurance policies issued during operations at this property 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 contamination at this site traces to underground storage tanks that were in the ground by 1963 — more than two decades before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion in Washington. Shell Oil and subsequent operators were insured throughout the years those tanks were releasing gasoline and diesel into soil and groundwater, and the carriers who issued those policies remain potentially obligated to fund the cleanup. The documented remediation costs here — tank removal, soil excavation, water treatment, and continuing monitoring — represent both expenses already incurred and future work yet to be completed that historical carriers may be required to cover.

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.