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.

The 1993 investigation found no recent spill or accident to explain the contamination — the heavy oils and WTPH-Diesel found here are the residue of years of asphalt manufacturing conducted well before 1986. That industrial timeline matters: CGL policies issued to asphalt operators in the pre-1986 era lacked the pollution exclusions that would later foreclose these claims, making carriers who covered J.B. Asphalt Co.'s manufacturing operations during that window potentially liable for the excavation costs now identified in the remediation proposal.

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.