This property has a documented history as a industrial and manufacturing facility going back to 1896. Historical insurance policies issued during those prior operations 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 slag, clinker, and associated heavy-metal contamination here originated from copper and lead smelting operations that concluded in 1921 — more than six decades before 1986. Occurrence-based industrial liability policies in effect during the Le Roi Smelter's operational years carried no effective pollution exclusion and remain potentially enforceable against the historical carriers whose coverage period coincides with the contamination's origin. The documented cost trail — a 2004 upland excavation and an ongoing shoreline remediation campaign with per-ton disposal costs still being refined — represents exactly the kind of long-tail cleanup liability those pre-1986 policies were written to cover.

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.