This property has a documented history as a public works and maintenance facility going back to 1976. 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 underground storage tanks that caused the petroleum contamination at this site were installed in 1976 — a decade before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. CGL policies issued to the Marysville School District during that pre-1986 operational window had no effective pollution exclusion under Washington law and remain potentially enforceable. Nearly two decades of documented remediation expenditures — tank removals, soil excavation, thermal treatment, and ongoing cleanup — represent costs that historical carriers 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.