This property has a documented history as a industrial and manufacturing facility going back to 1929. 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.

The petroleum contamination at this site originated from underground storage tanks that, applying a standard 25-year tank lifecycle, were in all likelihood installed around 1969 — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The co-occurring arsenic, copper, and zinc contamination stems from decades of treated-wood storage that equally predates 1986. Documented remediation expenditures — the 1994 UST removal and soil excavation plus the excavation campaign now required under the 2011 administrative order — represent costs that historical carriers who issued CGL policies during those pre-1986 operating years 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.