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.

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 here — petroleum hydrocarbons from industrial USTs and a suite of heavy metals consistent with manufacturing operations — originated from industrial activity that predated 1986. Occurrence-based CGL policies issued to the operators during that pre-1986 window carried no effective pollution exclusion and remain enforceable today. The 5,000 cubic yards of impacted soil estimated for excavation represent a substantial remediation liability that historical carriers who insured this facility may be obligated 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.