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.

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 recorded tank installation date of January 1, 1989 falls after the 1986 threshold when occurrence-based Commercial General Liability policies typically gave way to claims-made forms with pollution exclusions. However, the tanks' physical characteristics — single-wall steel with sacrificial anodes and no under-dispenser containment — are inconsistent with post-1988 EPA standards and raise the question of whether fueling operations at this county facility began before the documented date reflects. If pre-1986 operations can be established, the remediation costs already incurred and the cleanup work still ahead at this site could fall within the coverage window of historical CGL policies issued during that earlier period.

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.