This property has a documented history as a public works and maintenance facility going back to 1942. 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.

Fuel storage and distribution operations at this facility began in 1943 — more than four decades before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. The petroleum and solvent contamination documented in soil and groundwater across four fuel farms, including off-site migration that threatens municipal water supply wells, represents exactly the type of long-tail environmental liability those pre-1986 policies were designed to cover. With cleanup actively underway under a Federal Facility Agreement and remediation costs still accruing — free product recovery, groundwater monitoring, and potential off-site remediation — historical carriers who provided coverage during the decades of fuel farm operations may be obligated both to recover past expenditures and to fund the remaining work.

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.