This property has a documented history as a bulk fuel distribution terminal going back to 1930. 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.

Bulk fuel distribution operations at this property date to the 1930s — more than five decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion. The petroleum hydrocarbon contamination documented here is the direct result of that long-term bulk plant activity across a succession of operators, each of whom would have carried CGL policies during their respective tenures. The remediation obligations now managed by Phillips 66 — tank removal, groundwater monitoring, and ongoing corrective action — represent costs that historical carriers from the pre-1986 operational window may be obligated to fund.

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.