This property has a documented history as a landfill going back to 1941. 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.

Waste disposal at Brett Pit spanned nearly four decades beginning in 1941, with PCB-laden transformer oils and hazardous materials entering the ground long before 1986 — the year pollution exclusions became standard in Commercial General Liability policies. The pre-1986 occurrence-based CGL policies issued to operators and contractors associated with the Grand Coulee Dam facility during those decades carried no effective pollution exclusion under Washington law. Investigation and remediation costs now facing the responsible parties — transformer retrofilling, oil incineration, and the pending comprehensive cleanup of the pit — represent expenditures 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.