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 — 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 fuel storage infrastructure at this agricultural site consisted of single-walled steel tanks with no cathodic protection — a construction type that was standard before federal UST regulations took effect in the late 1980s, placing their installation squarely in the pre-1986 era when occurrence-based Commercial General Liability policies were the industry norm and carried no effective pollution exclusion. Those historical policies, issued to the farm operators during the period the tanks were in active use, may remain enforceable against the contamination documented here. The remediation costs already incurred — UST removals, nearly a thousand tons of excavated soil, treatment of 100,000 gallons of groundwater — and the monitoring program still underway represent expenditures that historical carriers 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.