This property has a documented history as a bulk fuel distribution terminal going back to 1962. 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.

Bulk petroleum operations at this property — including handling of leaded gasoline — were underway by at least 1962, more than two decades before 1986, when occurrence-based Commercial General Liability policies with no effective pollution exclusion were the industry standard. The costs already incurred — soil excavation and disposal, contaminated-waste drumming, and installation and operation of a groundwater pumping-and-treatment system through the construction phase — represent documented expenditures that historical carriers who issued CGL policies during that operational window may be obligated to recover. Those same carriers may also be liable for the ongoing costs of long-term groundwater treatment and performance monitoring that remain ahead.

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.