This property has a documented history as a industrial and manufacturing facility going back to 1893. 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.

Contamination at this property — lead, arsenic, and associated heavy metals from more than six decades of extraction and waste rock disposal — originated entirely from mining operations that concluded well before 1986. Occurrence-based CGL policies issued to the mine operators during its active years carried no effective pollution exclusion in Washington and remain enforceable today. The investigation and cleanup costs now facing this site — waste rock management, contaminated-soil excavation, and long-term remediation of heavy metals across the surrounding area — represent expenditures that historical carriers may be obligated to fund.

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.