This property has a documented history as a industrial and manufacturing facility going back to 1985. Historical insurance policies issued during operations at this property 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.

Operations at this property began in 1985 — placing the earliest contamination-generating activities within the window when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion in Washington. The contamination in soil and groundwater is attributed to historical industrial operations and the gradual degradation of organic materials and asphalt accumulated over decades, the diffuse, slow-release conditions those pre-1986 policies were written to address. The documented remediation costs — investigation excavations, groundwater monitoring stretching back to 2012, and remaining stockpile removal — represent expenditures that historical carriers may be obligated both to recover and to fund going forward.

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.