This property has a documented history as a public works and maintenance facility predating 1986. 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 site originates from pentachlorophenol-treated wood poles installed as part of a public infrastructure project — materials whose use was significantly restricted and phased out for most new applications before 1986 due to environmental and health concerns. Occurrence-based Commercial General Liability policies issued during that pre-1986 window carried no effective pollution exclusion and remain potentially enforceable against historical carriers. The ongoing leaching from these poles establishes a release directly traceable to pre-1986 materials, giving WSDOT or associated responsible parties a plausible basis to access those historical policies to fund investigation and cleanup costs.

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.