This property has a documented history as a bulk fuel distribution terminal going back to 1944. 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.

Petroleum storage and distribution at this property began in 1944 and continued for 42 years before the 1986 transition away from occurrence-based Commercial General Liability policies. The contamination confirmed here — free-phase hydrocarbons, dissolved petroleum, lead, arsenic, PAHs, and solvents — is the product of decades of industrial operations conducted squarely within the coverage window of those pre-1986 policies. Remediation costs incurred under the Consent Decree and the ongoing monitoring obligations represent expenditures that historical carriers who insured the facility during its 1944–1986 operational period may still be obligated to fund.

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.