This property has a documented history as a gasoline service station 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.

The presence of lead contamination in soil and groundwater at this gasoline station is characteristic of operations during the leaded gasoline era — lead was a standard fuel additive phased out beginning in the 1970s and effectively eliminated by 1986. That contamination timeline places the origin of the release squarely within the period when occurrence-based Commercial General Liability policies were issued without effective pollution exclusions. The remediation costs being incurred under the Voluntary Cleanup Program — and those still ahead — may be recoverable from historical carriers whose policies were in force when the contamination first occurred.

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.