This property has a documented history as a auto body / repair shop 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.

TBT-based antifouling paints were widely applied in marine maintenance from the late 1960s through the mid-1980s, before a U.S. ban took effect in 1988 — placing the contaminating operations at this marina squarely within the era when occurrence-based CGL policies carried no effective pollution exclusion. The contamination here is explicitly attributed to historical boat-painting practices, not a recent release, anchoring the relevant policy window to the pre-1986 period. Owners and operators now facing investigation and future remediation costs tied to those historical activities may have recourse against carriers whose CGL policies were in force when the TBT was applied.

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.