This property has a documented history as a public works and maintenance facility predating 1986. 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.

Petroleum contamination at this property originated from underground storage tanks that were in service for decades before their 1990 removal, with multiple lines of evidence placing their installation in the pre-1986 era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The remediation costs already incurred — and the substantial cleanup work still ahead, given diesel concentrations more than seventeen times the applicable standard and persistent free product in groundwater — represent the kind of long-tail environmental liability that historical CGL carriers 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.