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.

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 bunker C oil contamination here originates from the previous operation of the cannery, and the underground storage tanks discovered in 2009 were old enough at the time of discovery to indicate installation well before 1986 — within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion under Washington law. Historical carriers who issued CGL policies to the cannery operator during that pre-1986 window may still be obligated to respond to the contamination that originated on their policy's watch. The investigation and remediation costs this property now faces — tank removal, soil and groundwater cleanup, long-term management — could plausibly be funded by those historical insurers.

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.