This property has a documented history as a industrial and manufacturing facility going back to 1925. 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 contamination at this site — creosote and pentachlorophenol released through industrial pole treating operations — originated from activities that span from 1925 to 1981, predating the 1986 CGL pollution-exclusion shift by as many as six decades. Occurrence-based Commercial General Liability policies issued to the facility's operators during any portion of that 56-year window had no effective pollution exclusion and remain enforceable today. Documented remediation expenditures — nearly 30,000 cubic yards of excavated soil, multiple rounds of groundwater monitoring, years of landfarming — together with the projected costs of future excavation and permanent site capping represent obligations the historical carriers may be required both to reimburse and to fund going forward.

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.