This property has a documented history as a automobile dealership going back to 1973. 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.

Petroleum contamination at this property traces to underground storage tanks that were in service well before 1986, during the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Soil sampling during the 1998 UST removal confirmed the presence of total lead — a marker of leaded gasoline consistent with pre-1986 fueling operations. The documented cleanup expenditures to date and the costs still ahead — groundwater recovery, continued monitoring, and any additional remediation required to clear the Hazardous Sites List — represent obligations that historical CGL carriers may be required both to reimburse and to fund going forward.

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.