This property has a documented history as a bulk fuel distribution terminal going back to 1912. 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 petroleum contamination here originated from bulk storage and distribution operations that ran for more than half a century before 1986, when occurrence-based Commercial General Liability policies still lacked an effective pollution exclusion in Washington. Shell Oil Company and Washington Refining Company operated this terminal throughout the decades when those policies were the industry standard, and the weathered gasoline and heating oil residues documented in the soil are precisely the type of slow, long-standing release those policies were written to cover. The remediation expenditures already on record — five tank removals, nearly 700 tons of contaminated soil disposal, and recovery of thousands of gallons of product — represent costs the historical carriers whose policies were in force during that operational window may still be obligated to fund.

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.