This property has a documented history as a industrial and manufacturing facility going back to 1965. 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 contamination here — petroleum hydrocarbons with lead detected in both USTs and in soils associated with the historical track-rail maintenance pit — is a signature of industrial fuel operations conducted well before 1986. The steel-wall tank construction and the presence of leaded gasoline are consistent with UST installation circa 1965, decades before occurrence-based CGL policies routinely incorporated effective pollution exclusions. Historical carriers whose policies were in force during the railroad maintenance and trucking era at this property may be obligated to fund the documented remediation costs, including UST removal, excavation of over 2,100 tons of impacted material, in situ chemical treatment, and the monitoring program now underway.

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.