This property has a documented history as a public works and maintenance facility 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 contamination documented here — lead-bearing street sweeping waste stockpiled over a period of years predating 1986 — reflects municipal operations conducted during the era when occurrence-based CGL policies carried no effective pollution exclusion. Lead's presence in the accumulated waste is a marker of pre-1986 activity, as leaded gasoline was largely phased out by that year, and records confirm the waste had been accumulating for a number of years prior to the initial 2000 investigation. Historical carriers who issued liability coverage to the City of Shelton during that operational window may be obligated to fund both expenditures already incurred and the substantial remediation costs — waste excavation, disposal or capping, and long-term containment — still ahead for 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.