This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup.

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 diesel and PAH contamination found at this site is consistent with long-term industrial activity in an area that has hosted continuous industrial operations for well over a century — placing the likely origin of the contamination decades before 1986. Occurrence-based Commercial General Liability policies issued to industrial operators in this corridor prior to 1986 carried no effective pollution exclusion under Washington law and remain legally enforceable today. As the site moves from initial investigation toward formal remediation under the Standard Cleanup program, the costs ahead — investigation design, remediation, and long-term oversight — may be recoverable from historical carriers whose policies were in effect during that extended pre-1986 operational window.

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.