This property has a documented history as a industrial and manufacturing facility going back to 1970. 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 petroleum contamination at this site traces to an above-ground storage tank estimated to have been installed around 1970 — more than a decade before 1986, when occurrence-based CGL policies were still the prevailing coverage form for industrial operators like this construction and excavation business. The central remediation obligation still ahead — excavation to reduce the contaminated fill pads across the property — represents a substantial unfunded cleanup cost. Historical CGL carriers who issued policies to this operation during the pre-1986 years when the petroleum spills originated may be obligated to fund that upcoming 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.