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.

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.

PCBs were largely banned from manufacturing and new uses in the United States by 1979, placing the origin of the contamination found in this right-of-way firmly in the era before occurrence-based CGL policies carried effective pollution exclusions. The 2018 utility upgrade was the discovery mechanism, not the cause — the release traces to historical municipal and utility operations conducted decades before 1986. The remediation costs that have yet to be incurred at this site represent expenditures that could plausibly be funded by historical carriers whose policies were in force when the contamination first occurred.

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.