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.

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 petroleum hydrocarbon contamination here — heavily stained soils accumulated over years of bulk fuel dispensing and storage — is characteristic of the slow, ongoing releases that began well before 1986. Occurrence-based Commercial General Liability policies issued to WGS and prior operators during that pre-1986 window carried no effective pollution exclusion under Washington law and remain potentially enforceable today. The remediation costs the responsible parties now face — investigation completion, cleanup design, and active remediation of the contaminated soils — could plausibly be funded by historical carriers whose policies were in effect when those releases 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.