This property has a documented history as a industrial and manufacturing facility going back to 1970. Historical insurance policies issued during operations at this property 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.

Contamination at this refinery traces to infrastructure and operations that began in 1970 and 1971 — more than fifteen years before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. ARCO, which owned and operated the facility as a Dangerous Waste Management Facility by at least 1980, managed hazardous materials including leaded tank bottoms during the heart of the occurrence-policy era. The documented corrective action is a ten-year program with annually revised cost estimates and financial assurance obligations, representing both past remediation expenditures and future cleanup costs that historical carriers 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.