This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.

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.

The tank's unregulated status — meaning it was never registered under the federal Underground Storage Tank rules that took effect in 1988 — strongly implies installation and active use well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. A hole in the tank bottom is consistent with long-term degradation from historical gasoline storage, pointing to a release that likely began during the pre-1986 coverage window. The characterization and remediation costs still ahead for this site could plausibly be funded through historical CGL policies tied to the era when the tank was actively in service.

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.