This property has a documented history as a industrial and manufacturing facility going back to 1950. 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 heavy metal and PCB contamination here accumulated specifically through more than three decades of scrap metal processing — sorting and handling materials that included PCB-bearing equipment and cadmium-, chromium-, and lead-laden metals — all of it predating 1986. Carriers that issued CGL policies to Twin City Metals during those pre-1986 operational decades may be obligated on two fronts: the soil excavation, geomembrane liner installation, and years of hazard assessment already completed represent documented expenditures that may be recoverable from historical carriers, while the site's active cleanup status means future remediation costs are still accumulating — costs those same carriers may be required to fund going forward.

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.