This property has a documented history as a landfill predating 1986. 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 petroleum contamination staining and oily residues documented across this property in 2008 are characteristic of a prolonged vehicle-salvage and waste-disposal operation — the kind of ongoing release pattern that occurrence-based CGL policies in effect before 1986 were written to address, with no effective pollution exclusion. The long accumulation of hulk vehicles, fuel-bearing components, and automotive fluids points to a multi-decade operational history predating the 1986 policy-form shift. Historical carriers whose policies were in force during that period may be obligated to fund the contaminated-soil remediation and any remaining cleanup obligations tied to those pre-1986 releases.

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.