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.

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 detected at 12,000 µg/L in product and soil samples tied to the gasoline USTs is a strong indicator that fueling operations at this site predate the mid-1980s phase-out of leaded gasoline, placing them within the era when occurrence-based CGL policies carried no effective pollution exclusion. The absence of any historical UST record further implies operations that began before modern regulatory documentation requirements took hold. Cleanup expenditures still to be incurred — waste disposal, further characterization, and any remaining remediation — represent costs that historical carriers whose policies were in force during those pre-1986 fueling operations may 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.