This property has a documented history as a industrial and manufacturing facility predating 1986. 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.

Mining operations at this property concluded in 1952, more than three decades before 1986, the year occurrence-based Commercial General Liability policies began including effective pollution exclusions in Washington. Any CGL policies issued to operators of the Old Dominion Mine during its operating years would have been occurrence-based with no meaningful pollution exclusion, and the toxic metals contamination embedded in the soils, waste rock, and tailings originated during precisely that covered window. As the cleanup process advances from preliminary assessment toward active remediation, those historical policies may represent a significant source of funding for the costs ahead.

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.