This property has a documented history as a industrial and manufacturing facility going back to 1949. 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.

Boatyard operations at this property stretch back to at least 1949, and underground storage tanks were installed between 1962 and 1964 — all well before occurrence-based CGL policies began incorporating effective pollution exclusions after 1986. The contamination is directly and consistently attributed to decades of vessel painting, sandblasting, and industrial maintenance carried out under that pre-1986 policy regime. The documented and prospective remediation expenditures — interim soil removal, a seven-year RI/FS, and cleanup alternatives estimated at up to $2.3 million — represent costs the historical carriers who issued policies to operators during that long pre-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.