This property has a documented history as a gasoline service station going back to 1982. Historical insurance policies issued during those prior operations 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.

Fueling operations at this Chewelah property began in 1982 — four years before the insurance industry's shift to claims-made pollution exclusions — with 40,000 gallons of UST capacity dispensing petroleum products throughout the pre-1986 window. Occurrence-based Commercial General Liability policies issued to Thunderbird Lubrifactions and successor operators during those early years of operation would have covered ongoing pollution conditions without an absolute pollution exclusion. The documented petroleum contamination in soil and groundwater, already identified by 1989 and still awaiting formal remediation, represents cleanup costs that historical carriers from the pre-1986 policy period may 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.