This property has a documented history as a auto body / repair shop 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 chlorinated solvent contamination reaching this property originated from brake repair operations that, by the evidence in the site assessment, predated 1986 — the threshold year after which occurrence-based Commercial General Liability policies began to include effective pollution exclusions. Operators of the Les Schwab facility during that pre-1986 window may have carried CGL policies that remain enforceable against exactly this type of slow-migrating solvent release. The documented expenditures already incurred — Phase II investigation, off-site waste disposal, and ongoing Voluntary Cleanup Program enrollment — as well as the remediation costs still ahead, represent liabilities that historical carriers may be obligated both to recover and 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.