This property has a documented history as a public works and maintenance facility predating 1986. 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.

The county's fueling infrastructure at this facility — including original USTs that remain unreplaced after decades of service — dates to well before 1986, and the 2008 groundwater investigation explicitly tied the benzene and petroleum contamination to those historic fueling operations. CGL policies issued to the county during those early decades of fueling carried no effective pollution exclusion under Washington law, making them potential sources of recovery for the substantial remediation costs this site continues to generate. With benzene levels still hundreds of times above cleanup standards and sensitive fish-bearing habitat downgradient, the remaining cleanup obligations represent exactly the kind of long-tail environmental liability those historical policies were written to cover.

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.