This property has a documented history as a bulk fuel distribution terminal going back to 1937. 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.

Chemical distribution and bulk fuel storage operations at this property began in 1937 — nearly five decades before 1986, when occurrence-based CGL policies were the industry standard and carried no effective pollution exclusion. The industrial solvents and petroleum fuels handled across 25 USTs over nearly four decades are the direct source of the contamination now driving ongoing vapor extraction, bioremediation, and vapor intrusion investigation. Historical carriers who issued CGL coverage to Van Waters & Rogers or successor operators during that pre-1986 window may still be obligated to fund the remediation costs that continue to accumulate at this site.

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.