This property has a documented history as a farm and agricultural operation going back to 1957. 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 at this property — DDT applications, diesel fuel use, and heating oil storage — originated from nursery operations spanning 1957 through at least the 1970s, well before 1986, when occurrence-based CGL policies were still the industry standard and carried no effective pollution exclusion. The documented remediation expenditures here — UST removal, contaminated soil excavation, asbestos abatement, structural demolition, and vault removal — trace directly to those pre-1986 operations. Historical carriers who issued CGL policies to Garden Works Nursery or its property operators during that window may still be obligated to fund the costs of the ongoing 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.