This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during operations at this property 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 traces to a mid-1980s overfill event involving USTs that were operational before 1986, when occurrence-based CGL policies were still the prevailing form of general liability coverage and carried no effective pollution exclusion. A public institution such as CWU would have maintained liability insurance throughout the period those tanks were in service, and historical carriers from that pre-1986 window may be obligated to fund the site's documented cleanup costs. The ongoing groundwater monitoring program and well network — expenses that continue to accrue — represent precisely the kind of remediation expenditures those policies were written to address.

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.