This property has a documented history as a public works and maintenance 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.

Municipal combined sewer and storm drain operations contributing to contamination here were documented in expenditure records by 1970 — more than fifteen years before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion. The 1991 consent decree settled claims arising directly from pre-1986 pollution events, and historical CGL policies issued to the municipal operators during that window may remain enforceable against those releases. With $54.5 million in future CSO control expenditures committed alongside costs already incurred for investigation, sediment remediation, and habitat restoration, the potential recovery from historical carriers represents a substantial financial interest.

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.