This property has a documented history as a bulk fuel distribution terminal 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.

Lead contamination detected in both soil and groundwater at this site is a marker of petroleum operations conducted before 1986 — when leaded fuel was still in distribution and occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The documented remediation expenditures here — five UST removals, large-scale thermal soil treatment, and stormwater controls — are directly traceable to those pre-1986 bulk petroleum operations on the railroad property. Historical carriers whose CGL policies were in force during that operational period may bear obligations both to recover costs already incurred and to fund the groundwater remediation that has yet to be completed.

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.