This property has a documented history as a industrial and manufacturing facility going back to 1980. Historical insurance policies issued during operations at this property 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 automotive operations at this property date to 1980 — six years before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The contamination identified here — PAHs, metals, and petroleum products in soil and groundwater — is consistent with the type of gradual, operations-related release that pre-1986 CGL policies were designed to cover. With cleanup now in progress under the Voluntary Cleanup Program, the remediation costs being incurred and those still ahead may be recoverable from historical carriers whose policies were in force during the years the contamination originated.

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.