This property has a documented history as a public works and maintenance facility 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.

The presence of lead alongside heavy oil and PAHs points to contamination originating from operations that predate 1986, when leaded petroleum products were still in standard use and occurrence-based Commercial General Liability policies issued to transportation agencies and their contractors carried no effective pollution exclusion. WSDOT or contractors operating along this corridor during that pre-1986 window may have held such policies. The investigation and remediation costs now required under MTCA — site assessment, cleanup design, and active remediation — represent expenditures that historical carriers may be obligated to fund.

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.