This property has a documented history as a industrial and manufacturing facility 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.

Petroleum hydrocarbons, PAHs, and chlorinated solvents of the type found here are the product of sustained commercial and industrial operations — not sudden releases — and the ERTS documentation characterizes the 2020 discovery as the identification of pre-existing contamination rather than a new incident. Investigation and soil excavation costs already incurred represent expenditures potentially recoverable from historical carriers whose occurrence-based CGL policies were in force when the contamination originated. With active remediation still underway, those same policies may also be obligated to fund the cleanup work yet to come.

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.