This property has a documented history as a public works and maintenance facility going back to 1980. 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 diesel and benzene contamination at this transit maintenance facility traces to underground storage tanks installed during the 1980s, before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. Groundwater monitoring data confirms the contamination is weathered and consistent with historical releases rather than a recent event, tying the loss directly to the pre-1986 operational period. The remediation costs already incurred since 2005 — and those still ahead as diesel and metals contamination persists above cleanup levels — 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.