This property has a documented history as a industrial and manufacturing facility going back to 1953. 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.

Industrial operations at this property span from the early 1950s through the early 2000s, covering the full window during which occurrence-based Commercial General Liability policies were issued without effective pollution exclusions in Washington. The metallic contamination — lead and arsenic from battery operations that commenced no later than the mid-1980s — represents the kind of gradual industrial release those policies were written to address. Historical carriers who issued CGL coverage to Evans Products Company or Harbor Battery during their respective tenancies may be obligated to fund both previously incurred remediation costs and the ongoing cleanup expenditures this site now faces.

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.