This property has a documented history as a industrial and manufacturing 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 petroleum and naphthalene contamination at Atlas Foundry traces to foundry operations that pre-date 2000 and, according to pre-acquisition environmental assessments, were underway well before 1986. The documented costs of VCP participation from 2000 through 2006 — investigation, program oversight, and reporting — represent past expenditures the historical carriers who issued CGL policies during the foundry's pre-1986 operational window may be obligated to recover. With physical remediation of soil and groundwater at this industrial site still ahead, those same carriers may also owe coverage for the cleanup costs yet to come.

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.