This property has a documented history as a public works and maintenance 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 buried drums at this site were placed in the ground prior to 1984, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The cleanup conducted to date has removed the drums and the most heavily impacted soil, but the diesel plume persists and the costs of the next phase — groundwater monitoring installation, continued investigation, and further remediation — remain ahead. Historical carriers who issued CGL policies to BPA or its predecessors during the pre-1986 operational window may be obligated to fund those upcoming cleanup expenditures.

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.