This property has a documented history as a gasoline service station going back to 1964. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.

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 contamination at this property originated from underground storage tanks installed in 1964, more than two decades before occurrence-based Commercial General Liability policies began excluding pollution claims. Benzene and BTEX migrating into groundwater from those tanks represent exactly the kind of gradual, ongoing release that pre-1986 CGL policies were designed to cover. Historical carriers who insured the property during the decades those tanks were in service may be obligated to recover the remediation costs incurred to bring the site to its No Further Action status.

Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.