This property has a documented history as a farm and agricultural operation going back to 1958. 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 pesticide and herbicide contamination at this property — lindane, MCPP, dicamba, and 2,4-D — originated from agricultural chemicals distribution operations that began in 1958, nearly three decades before 1986 when occurrence-based CGL policies stopped reliably covering pollution claims. Carriers who issued policies to the site's operators during that pre-1986 window did so under forms with no effective pollution exclusion, and those obligations remain enforceable today. The documented remediation costs here — UST removals, secondary containment installation, soil excavation, and years of monitored reporting under the VCP — represent expenditures that historical carriers may be obligated both to recover and to fund going forward.

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.