This property has a documented history as a public works and maintenance 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 contamination at this site stems from underground storage tanks that were part of a municipal infrastructure operation old enough to be classified as historical, with the USTs and associated releases predating 1986. A government agency that owned and operated utility infrastructure during that era would have carried general liability coverage — and the occurrence-based CGL policies in force during the UST operating years at Sewer Lift Station 10 may still respond to the soil contamination that persists here. With investigation and cleanup costs still accruing, historical carriers could be obligated to fund both past remediation expenditures and the remaining work.

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.