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.

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 distribution operations at this bulk plant began no later than 1964, more than two decades before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. The contamination confirmed in soil and groundwater — BTEX compounds, fuel products, and halogenated solvents — is the product of storage and handling operations conducted under those pre-1986 policies. The cleanup costs this property now faces could plausibly be funded by the historical carriers whose policies were in effect during the decades when petroleum was stored and distributed from this facility.

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.