This property has a documented history as a bulk fuel distribution terminal going back to 1933. 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.

Bulk petroleum operations at this site began roughly 1933 — more than five decades before 1986 — and the historical gasoline and BTEX contamination in soil is distinct from the recent diesel release. Occurrence-based CGL policies issued to operators during that extended pre-1986 window would have covered the gradual releases that produced the legacy contamination now requiring excavation, groundwater monitoring, and vapor intrusion assessment. With cleanup underway and remediation costs still accruing, historical carriers whose policies were in force during decades of petroleum operations may be obligated both to recover past expenditures and to fund the ongoing 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.