This property has a documented history as a farm and agricultural operation going back to 1952. 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.

Pesticide storage and distribution operations on these specific parcels date to 1952 — more than three decades before 1986 — placing the contamination's origin squarely within the era of occurrence-based CGL policies that carried no effective pollution exclusion in Washington. Although an Independent Cleanup Action has already addressed some of the historic release, the Standard Cleanup program remains open and further remedial work lies ahead. Historical carriers whose policies were in force during the pesticide operations at these parcels may be the most direct source of funding for the investigation, design, and remediation costs still to come.

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.