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.

Lead, chromium, and benzene are legacy contaminants whose presence in soil beneath a major transportation corridor strongly implies accumulation well before 1986 — the period when leaded gasoline was still in active use and occurrence-based Commercial General Liability policies had no effective pollution exclusion. Carriers who issued CGL policies to operators or contractors active at or adjacent to this corridor during that pre-1986 window may be obligated to fund the excavation and disposal costs now being incurred to address contamination that originated on their watch.

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.