This property has a documented history as a public works and maintenance facility going back to 1938. 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.

Contamination at this property — PCBs and petroleum hydrocarbons — originated from a succession of operations spanning from 1938 through the mid-1980s, each predating the 1986 industry shift away from occurrence-based CGL policies. Municipal sewage treatment, PCB sediment processing, and petroleum equipment storage all took place during the era when such policies carried no effective pollution exclusion in Washington. The documented remediation costs here — PCB dredging and excavation, soil removal, land-farming, habitat mitigation, and long-term stormwater controls — were incurred to address releases tied to those pre-1986 activities, and historical carriers whose policies covered the operators during that window may remain obligated to fund continuing cleanup.

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.