This property has a documented history as a bulk fuel distribution terminal predating 1986. 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 underground storage tank removed in 1998 was in service during the pre-1986 era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion, and the petroleum release it caused falls squarely within the scope of those policies. The documented remediation expenditures from 1998 — UST removal and soil excavation at an active bulk fuel terminal — represent past costs that historical carriers may be obligated to recover. Because cleanup at this site remains ongoing, those same pre-1986 CGL policies are also a plausible source of funding for the continuing remediation work still 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.