This property has a documented history as a industrial and manufacturing facility going back to 1941. 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 is explicitly characterized as originating from legacy industrial sources — wood treating and heavy manufacturing operations confirmed to have been active well before 1986, when occurrence-based Commercial General Liability policies still lacked effective pollution exclusions in Washington. The mix of contaminants here — creosote, PCP, PAHs, dioxins — is precisely the type of slow, diffuse industrial release those policies were written to cover. With major future dredging still ahead, long-term monitoring underway, and decades of prior remediation already on record, this site carries both a documented cost history and substantial prospective liability — obligations that pre-1986 CGL carriers may be required 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.