This property has a documented history as a industrial and manufacturing facility going back to 1970. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.

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.

Metal refinishing operations and trichloroethylene use at this site began more than a decade before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion in Washington. The contamination documented here — metals in soil from grinding operations and trichloroethylene from industrial use — is the type of gradual, operations-driven release those policies were written to cover. As the property owner faces upcoming investigation and remediation costs for the contamination still in place, historical carriers whose policies were in effect during those pre-1986 operating years may be obligated to fund the cleanup.

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.