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 PCP and diesel contamination at this site originated from wood-treating operations that began in the late 1950s and continued for nearly five decades before the facility closed — a span during which pre-1986 CGL policies issued to the operators were in effect and had no effective pollution exclusion for these types of slow, ongoing industrial releases. The excavation of nearly 7,000 tons of impacted soil, product recovery, demolition, and capping already completed since 1989 represent documented remediation expenditures that historical carriers may be obligated to recover. With $26.3 million in projected costs still ahead under Ecology's Standard Cleanup program, the potential insurance obligation covers both what has already been spent and what remains to be funded.

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.