This property has a documented history as a farm and agricultural operation going back to 1960. 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 pesticide contamination at this property — DDT, aldrin, dieldrin, lead, and arsenic — originated entirely from agricultural operations conducted between 1960 and 1978, decades before 1986, when occurrence-based CGL policies still lacked effective pollution exclusions. Costs have already been incurred: the VCP site assessment and multi-year planning work represent documented expenditures tied directly to that pre-1986 contamination. Historical carriers whose policies covered the property during those operational years may be obligated both to recover those past assessment costs and to fund the investigation and remediation that Ecology has determined must proceed.

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.