This property has a documented history as a public works and maintenance facility going back to 1957. 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.

Gravel pit operations at this property date to 1957, nearly three decades before the effective cutoff for occurrence-based Commercial General Liability coverage. The contamination now driving excavation of up to 20,000 cubic yards of soil is attributable to government road-maintenance disposal activities that began no later than 1985 — with WSDOT's dumping of street sweepings and ditch spoils continuing through 1987, straddling the final years of the pre-1986 policy window when CGL policies carried no effective pollution exclusion. Historical carriers who issued coverage to the governmental operators during that period may be obligated both to recover documented cleanup expenditures and to fund the remediation work still underway.

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.