This property has a documented history as a industrial and manufacturing facility going back to 1937. 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 metals, PAHs, and petroleum found at this site are the direct byproduct of nearly five decades of marine railway operations — vessel fueling, hull work, and construction — that accumulated at Diablo Dry Dock from 1937 through 1986. Carriers who insured this facility during that window wrote occurrence-based CGL policies against a specific operational backdrop: a working dry dock on Diablo Lake, not a generic industrial tenant. The planned excavation of contaminated soil, sediment, and concrete footings under the 2019 Administrative Settlement Agreement represents documented remediation expenditure tied directly to those pre-1986 marine operations, and the historical carriers who covered those years may be obligated to fund it.

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.