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 traces in part to an underground storage tank that was operational before its 1981 closure — five years before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The persistent groundwater contamination and free product documented at the site represent the kind of long-tail environmental liability that historical CGL carriers may be obligated to address, covering both remediation costs already incurred and cleanup expenditures still ahead as the site moves through active remediation.

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.