This property has a documented history as a gasoline service station 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.

The presence of lead in the soil samples tied to this UST is a strong indicator that the tank held leaded gasoline, which was phased out of commercial use by 1986 — placing the contamination-generating operations squarely within the era of occurrence-based CGL policies that carried no effective pollution exclusion. Those historical policies may be obligated both to recover the documented remediation expenditures already incurred — tank removal, excavation, and on-site soil treatment — and to fund whatever additional investigation and cleanup the Standard Cleanup program ultimately requires to close this site.

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.