This property has a documented history as a industrial and manufacturing facility going back to 1890. 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 parcel — diesel, oil, and polycyclic aromatic hydrocarbons — traces directly to railroad service operations that began in the late nineteenth century, nearly a century before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion. Historical carriers who issued CGL coverage to the operators of this facility during its long pre-1986 operating history may be obligated both to recover the documented remediation costs already incurred — including the excavation and thermal desorption of 10,000 cubic yards of impacted soil in 1994 — and to fund any remediation this parcel still requires 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.