This property has a documented history as a farm and agricultural operation going back to 1927. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.

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.

Orchard operations at this property began at least six decades before 1986, spanning the era when occurrence-based CGL policies were the industry standard and carried no effective pollution exclusion in Washington. The organochlorine and heavy-metal contamination confirmed here — DDT, arsenic, and lead — is the product of continuous agricultural pesticide application that predates modern environmental regulation by decades. Investigation, remediation design, and soil treatment costs associated with the Standard Cleanup program represent expenditures that historical carriers whose policies covered agricultural operations during that pre-1986 window may be obligated to fund.

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.