This property has a documented history as a gasoline service station going back to 1975. 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 1999 upgrade at this facility replaced underground tank infrastructure that, based on standard tank lifecycles, was originally installed in the years before 1986 — when occurrence-based Commercial General Liability policies routinely covered pollution releases without effective exclusion. Petroleum contamination from those original tank systems was confirmed in both soil and groundwater, with benzene among the identified contaminants. The remediation obligations imposed under the 2007 Agreed Order represent costs that historical CGL carriers on the risk during the original operating period 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.