This property has a documented history as a public works and maintenance facility going back to 1920. 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.

Military training operations involving small arms and machine gun fire at this site began in the 1920s — more than six decades before occurrence-based CGL policies ceased to provide effective pollution coverage in Washington. Costs for the completed Site Inspection represent the first layer of documented expenditure already incurred in response to contamination directly attributed to that historical DoD use. The forthcoming Remedial Investigation and any subsequent remediation will drive additional costs, and historical carriers whose occurrence-based policies covered operations at or adjacent to this site during the pre-1986 window may be obligated both to contribute to costs already incurred and to fund the investigative and cleanup work ahead.

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.