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.

The contamination documented here — diesel fuel, PAHs, arsenic, lead, and PCE — reflects historical deposition tied to transportation and public works activities that predated even the 2005 investigation by an indeterminate period, placing the contamination origin well before 1986. Occurrence-based CGL policies issued to the operators and contractors associated with this infrastructure corridor during that era carried no effective pollution exclusion and remain enforceable today for releases tied to pre-1986 activities. The cleanup costs that responsible parties now face — remaining soil remediation, further investigation, and any additional required work — could plausibly be funded by historical carriers whose policies were in force when this contamination first accumulated.

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.