This property has a documented history as a industrial and manufacturing facility going back to 1946. 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 electroplating operations that contaminated this property date to the 1940s — more than four decades before the 1986 threshold at which occurrence-based Commercial General Liability policies began incorporating effective pollution exclusions. Cadmium, cyanide, lead, arsenic, and fluoride are quintessentially industrial contaminants generated by the plating and finishing processes that pre-1986 CGL policies were written to cover. Historical insurers who issued coverage to operators at this property during that era may retain obligations tied to the remediation costs now being incurred under the Voluntary Cleanup Program.

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.