This property has a documented history as a gasoline service station going back to 1930. 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.

Four decades of gasoline service operations — from the 1930s through 1981 — place this property squarely within the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. Shell Oil, Basin Oil, Exxon, and Union Oil each operated fueling infrastructure here during that window, and the forensic identification of pre-1970 leaded gasoline in the subsurface directly ties the contamination to those operations. The remediation costs now being incurred under the Voluntary Cleanup Program — addressing lead, benzene, and petroleum hydrocarbons in groundwater — represent expenditures the 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.