This property has a documented history as a industrial and manufacturing facility going back to 1920. 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.

Ore smelting operations at this property began more than six decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The contamination driving this multi-million-dollar cleanup — smelter slag, contaminated sediment, and dangerous waste requiring off-site disposal — traces directly to those pre-1986 industrial operations. Historical carriers who issued CGL policies during the smelter's operating years may be obligated both to recover the remediation expenditures already incurred and to fund the long-term monitoring and maintenance that lies ahead.

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.