This property has a documented history as a facility using PFAS-containing firefighting foam going back to 1942. 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.

The cleanup costs ahead at this site — full Remedial Investigations, remediation design, and implementation across a multi-residence PFAS plume — represent the kind of substantial, forward-looking expenditure that pre-1986 occurrence-based CGL policies are positioned to fund. AFFF firefighting operations responsible for the contamination began in the 1950s, more than three decades before 1986, when those policies still lacked effective pollution exclusions. The interim costs already incurred — bottled water distribution, municipal hookups, and groundwater treatment infrastructure — are also recoverable under those historical policies, but they are a fraction of what a full PFAS remediation at a multi-property site typically requires.

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.