This property has a documented history as a bulk fuel distribution terminal going back to 1964. 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 pipeline that ruptured in 1999 was installed in 1964–1966 and operated continuously through the era when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. CGL policies issued to the pipeline's operators during that pre-1986 window covered the very infrastructure whose catastrophic failure caused the benzene and petroleum contamination now being remediated at the Bellingham site. The documented cleanup costs — addressing contaminated groundwater and surface water across the Whatcom Creek incident area — 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.