This property has a documented history as a industrial and manufacturing facility going back to 1984. 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 diesel contamination here is directly tied to fueling infrastructure installed for mining operations that commenced in 1984 — within the period when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Although the spill was identified in the early 1990s, its source was the aboveground storage tank placed in service for those pre-1986 mining activities. The documented remediation expenditures — soil excavation, groundwater recovery, more than a decade of monitoring, and ongoing cleanup yet to be completed — are costs that historical carriers whose policies covered the 1984–1986 operational window 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.