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 UST releases at this property originated from racetrack operations that predate 1986, the threshold year after which pollution exclusions became standard in Commercial General Liability policies. Washington occurrence-based CGL policies in effect during those pre-1986 racetrack operations carried no effective pollution exclusion and remain enforceable against the carriers that issued them. The full scope of anticipated expenditures here — institutional controls, engineering controls, long-term monitoring, and eventual site remediation — represents costs that historical insurers whose policies covered the Longacres facility before 1986 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.