This property has a documented history as a industrial and manufacturing facility going back to 1909. 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 contamination documented in the 2004 groundwater study at this property traces to more than half a century of pre-1986 industrial use — strawberry canning operations beginning in 1909 and concrete manufacturing running through the 1960s. CGL policies issued to the canning plant and concrete plant operators during those decades were occurrence-based and tied to the specific releases that occurred on this shoreline parcel. The concrete foundation removals, fill soil excavations, and long-term groundwater monitoring now required to address that contamination represent costs potentially recoverable from carriers whose policies were in force when those industrial operations first disturbed the soil and groundwater here.

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.