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.

The creosote contamination at this site originates from a pole barn installed as part of an agricultural operation well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The slow leaching of creosote compounds from treated timbers into surrounding soil and groundwater is precisely the type of gradual, long-term release those pre-1986 policies were written to cover. The documented cleanup costs here — soil excavation, pit-water treatment, dewatering infrastructure, and extended monitoring — represent expenditures tied directly to that pre-1986 agricultural use, and historical carriers whose policies were in force during those operations may be obligated both to fund ongoing remediation and to recover costs already incurred.

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.