This property has a documented history as a industrial and manufacturing facility going back to 1983. Historical insurance policies issued during operations at this property 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.

Contamination here — plating solution releases and TCE degreasing — originated from operations that began in 1983, three years before the 1986 threshold after which occurrence-based CGL policies routinely incorporated effective pollution exclusions. Carriers that issued policies to Art Brass Plating between 1983 and 1986 wrote coverage when that exclusion had no force, and those policies may be enforceable against the documented remediation expenditures: AS/SVE installation, vapor intrusion mitigation, multi-year investigations, and the ongoing Ecology oversight costs mandated by the Agreed Order. With cleanup still underway, historical carriers may bear obligations both to recover costs already incurred and to fund the remediation work that remains 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.