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 — 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 here traces to a leaking underground storage tank from historical operations — a release pattern consistent with tank installations and ongoing use well before 1986, when occurrence-based CGL policies were the industry standard and carried no effective pollution exclusion. The site's trajectory from a prior "Reported Cleaned Up" designation back into active cleanup status indicates that the full scope of liability was not resolved by earlier efforts. Historical carriers whose policies covered the facility's operations during the pre-1986 period may bear continuing obligations to fund the groundwater remediation now required to meet MTCA standards.

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.