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 — 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.

Petroleum contamination at this property originated from barge-servicing operations that ran entirely within the pre-1986 window, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Documented remediation expenditures already include major soil excavation and groundwater treatment, and the recommended cleanup alternative projects an additional $169,400 in costs over the next fifteen years for continued LNAPL skimming and monitored natural attenuation. Historical carriers who covered the terminal's operations during the 1970s and early 1980s may be obligated both to recover costs already incurred and to fund the cleanup work still 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.