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 petroleum hydrocarbons, polycyclic aromatic hydrocarbons (PAHs), and PCE detected at this site trace to successive industrial operators — the S&IERR railroad from the 1890s onward, the metals foundry through 1972, and the UST-era tenants who followed — all of whom operated decades before 1986. CGL policies issued to those specific operators during the railroad and foundry era carried no effective pollution exclusion, leaving the historical carriers potentially liable for the contamination those operations caused. The site-wide cap, environmental covenant, and long-term monitoring program now required represent substantial expenditures that the insurers of the S&IERR, the foundry, and the intervening industrial tenants 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.