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 lead contamination at this reservoir originated from municipal painting operations conducted before 1986, when occurrence-based CGL policies issued to the City of Everett's public works operations had no effective pollution exclusion. Because those policies attach coverage at the time of the underlying release — not when the claim is made — the full remediation costs the City now faces are the type of prospective expenditures that historical carriers whose policies were active during those pre-1986 painting events may be obligated to fund. A site still awaiting complete cleanup is exactly the scenario where reaching back to those historical policies has the most value.

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.