This property has a documented history as a gasoline service station going back to 1955. 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 gasoline service station at this property operated for roughly 25 years before 1986, the year occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. USTs installed and operated during that 1955-to-1980 window are the identified source of the diesel-range petroleum contamination now requiring remediation. Historical CGL carriers who provided coverage during those decades of gasoline station operations may be obligated to fund ongoing cleanup costs — costs already evidenced by interim remedial action and groundwater contamination levels reaching 200 times the state cleanup standard.

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.