This property has a documented history as a industrial and manufacturing facility going back to 1965. 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 halogenated volatile organic compound contamination at this site originated from degreasers used during forklift maintenance operations that began more than a decade before 1986, with supporting infrastructure — underground storage tanks — dating to 1965. Occurrence-based CGL policies issued to the operators during that pre-1986 window carried no effective pollution exclusion under Washington law. The documented remediation expenditures to date — tank removals, soil excavation, enhanced bioremediation — and the additional cleanup costs still ahead represent obligations the historical carriers may be required both to reimburse and to fund going forward.

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.