This property has a documented history as a farm and agricultural operation 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.

A structure on the property dating to 1937 and the farm vehicle fueling infrastructure it supported place UST operations well within the pre-1986 era — the period when occurrence-based CGL policies covering agricultural properties carried no effective pollution exclusion. The welding failures and material degradation that allowed contamination to develop here are precisely the kind of gradual, hidden releases those policies were written to address. Documented cleanup expenditures tied specifically to the Hamakami farm USTs — tank removal, soil excavation, and continuing groundwater work — may be recoverable from carriers that issued CGL policies to the property or farm operators during the decades those tanks were in service.

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.