This property has a documented history as a farm and agricultural operation going back to 1938. 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.

Agricultural chemical storage and mixing operations at this property began nearly five decades before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion. The DDT, DDE, and heavy metal contamination found here reflects the slow, cumulative release characteristic of routine chemical handling — exactly the type of ongoing environmental damage those pre-1986 policies were written to address. Historical carriers who issued CGL policies to WSU or the Tree Fruit Research Center's operators during that pre-1986 window may be obligated to fund the investigation and remediation costs this site now faces.

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.