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.

Forensic analysis of the contamination at this site identified elevated total lead levels in gasoline and high-sulfur diesel consistent with fuel manufactured before October 1993 — markers that establish the leaky UST systems responsible for this release were operating well before 1986. Occurrence-based Commercial General Liability policies issued to operators during that pre-1986 window carried no effective pollution exclusion and remain enforceable today. The documented remediation costs here — excavation of more than 3,200 tons of impacted soil, free product recovery, and years of ongoing groundwater monitoring — represent expenditures that historical carriers may be obligated both to recover for costs already incurred and to fund as cleanup continues.

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.