This property has a documented history as a industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations 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 contamination documented at this property traces to fill placed and industrial activity conducted in the surrounding Tideflats decades before 1986, when occurrence-based CGL policies were the industry standard and lacked an effective pollution exclusion in Washington. Diesel-range hydrocarbons and arsenic migrating from industrially impacted neighboring sites and potentially slag-laden fill represent the kind of slow, diffuse release those pre-1986 policies were written to address. The costs of investigation and remediation now facing the property owner — arising from contamination originating in pre-1986 industrial activity — may be recoverable from the historical carriers whose policies were in force during that era.

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.