This property has a documented history as a farm and agricultural operation going back to 1961. 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 contamination at this site — nitrates, ammonia, and the herbicide dinoseb — traces directly to agricultural chemical distribution and vehicle washdown operations that were active from the early 1960s through 1986, the precise window when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. Costs incurred to investigate, pilot-test, and remediate a groundwater plume from decades of fertilizer leaching and pesticide runoff are exactly the kind of liability those historical policies were written to cover. Historical carriers whose CGL policies were in force during this facility's operational years may still be obligated to fund the ongoing remediation work.

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.