This property has a documented history as a gasoline service station 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.

The petroleum contamination at Lakebay Marina traces to a bare steel underground storage tank whose physical characteristics — uncoated steel, no corrosion protection, no compliance tagging — place its installation well before the 1988 EPA UST regulations and almost certainly before 1986. Occurrence-based CGL policies issued during that pre-1986 operational window carried no effective pollution exclusion in Washington. The remediation costs now being incurred — tank removal, contamination investigation, and cleanup of petroleum hydrocarbons and lead across groundwater, surface water, and sediment — represent expenditures that historical carriers may be obligated both to recover and to fund going forward.

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.