This property has a documented history as a farm and agricultural operation predating 1986. 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.

The contamination here stems from repeated operational diesel spills tied to orchard heating equipment that was in service for an extended period prior to 1986 — not a single discrete incident. Occurrence-based CGL policies issued to agricultural operators during that era carried no effective pollution exclusion and remain potentially enforceable against the historical carriers. The soil remediation work this property now requires could plausibly be funded by insurers whose policies were in force during the years of ongoing contaminating operations.

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.