This property has a documented history as a public works and maintenance facility going back to 1950. 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.

Contamination at this property — lead, petroleum hydrocarbons, and dioxins — originated from wastewater treatment and fill operations that began in the early 1950s, giving this site more than thirty years of pre-1986 operational history during which occurrence-based CGL policies would have been in force. That extended timeline means multiple policy years are potentially implicated by the slow, accumulating releases associated with sewage sludge disposal and treatment plant fill. The documented remediation scope here — nearly 9,833 tons of soil removed and multiple rounds of long-term groundwater monitoring — represents the kind of ongoing liability those historical policies may still be obligated 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.