This property has a documented history as a industrial and manufacturing facility going back to 1979. 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 petroleum contamination at this property originated from underground storage tanks serving an industrial plumbing and heating operation that began in 1979 — seven years before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The documented remediation costs here are substantial: UST removal, excavation of 6,000 cubic yards of soil, installation and multi-year operation of a vapor extraction and air sparging system, and over two decades of groundwater monitoring. Historical carriers who issued CGL policies to Delta Plumbing and Heating during its pre-1986 operational window may be obligated both to reimburse costs already incurred and to fund the cleanup work that remains 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.