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 — 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 originates from railroad fuel storage, maintenance, and operational infrastructure that was in active use well before 1986, when occurrence-based Commercial General Liability policies remained the industry standard and lacked effective pollution exclusions. Applying a standard tank lifecycle analysis, the 10,000-gallon diesel UST removed in 1989 was likely installed no later than 1964, meaning both the tank and its associated release fall squarely within the pre-1986 coverage window. The documented remediation expenditures — UST removal, Phase I investigation, soil test pitting, and multi-year groundwater monitoring — were incurred to address releases tied directly to those long-running railroad operations, and historical carriers whose policies covered the facility during that period may remain obligated to contribute to both past and ongoing cleanup costs.

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.