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 — 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 road tar contamination at this property originated from county public works operations that ran for decades before 1986, when occurrence-based Commercial General Liability policies were still in widespread use and carried no effective pollution exclusion. Documented expenditures to date — soil excavation, recycling, and regulatory oversight costs — represent recoverable past costs that historical carriers who covered those operations may be obligated to fund. With the Hungry Whale site investigation still active, additional remediation costs lie ahead, and pre-1986 coverage may be equally available to fund that ongoing and future work.

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.