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 contamination at Harbour Village Marina traces to industrial operations spanning 1965 through at least 1983 — a landfill, a lumber yard's diesel tank, and a marina's used-oil storage — all of which predate the 1986 shift to claims-made pollution exclusions. Any CGL carrier on risk when those specific tanks were installed in 1983, or when the landfill was accepting waste through 1981, issued occurrence-based policies that responded to exactly this kind of gradual release. The remediation costs already incurred under the Consent Decree and the substantial dredging and capping work still ahead represent obligations those historical carriers may be required to fund.

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.