This property has a documented history as a public works and maintenance facility going back to 1965. 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.

Lead detected in soil samples from the gasoline UST excavation is a physical fingerprint of pre-1986 fuel use: leaded gasoline for on-road vehicles was phased out by the mid-1980s, placing the contaminating releases squarely within the era when occurrence-based CGL policies had no effective pollution exclusion. The Central Kitsap School District, as the documented operator of this facility, would have been the named insured on those policies — a specific, identifiable institutional policyholder. The more than 3,000 tons of excavated soil already removed, and the remediation costs still accumulating, are expenditures those historical carriers may be obligated both to recover and to fund going forward.

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.