This property has a documented history as a public works and maintenance facility going back to 1975. 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.

Contamination at this municipal facility is tied directly to underground fuel storage and dispensing operations that began in the mid- to late 1970s — at least a decade before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion. Historical carriers who issued CGL coverage to the City of Tukwila during that pre-1986 operational window may still bear obligation for the remediation costs already incurred — UST removals, soil excavation, and waste treatment — as well as the $200,000 to $300,000 in future cleanup expenditures ahead. Engaging those historical policies could substantially reduce the public cost of completing this remediation.

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.