This property has a documented history as a industrial and manufacturing 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 contaminants found here — butyltins from marine anti-fouling paints, PCBs, PAHs, heavy metals, and petroleum hydrocarbons from underground storage tanks — are the signature of decades of ship-repair operations that were well established before 1986. Occurrence-based CGL policies issued to the operators during that pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. The remediation costs already incurred — tank removals, soil excavation, multi-year sediment investigation — and the cleanup expenditures still ahead represent obligations that historical carriers may be required to fund.

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.