This property has a documented history as a public works and maintenance facility going back to 1954. Historical insurance policies issued during operations at this property 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.

This property has been in continuous government operation since 1954, well within the window when occurrence-based Commercial General Liability policies were standard and lacked effective pollution exclusions. The arsenic now requiring remediation crossed property boundaries as a result of conditions tied to operations at an adjacent site — precisely the kind of cross-boundary, gradual contamination scenario that pre-1986 CGL policies were written to address. The documented cleanup obligations here — soil excavation, waste disposal, and a multi-quarter groundwater monitoring program — represent costs that historical carriers whose policies covered the property during that pre-1986 operational period may be obligated both to recover and to fund going forward.

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.