This property has a documented history as a farm and agricultural operation 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.

Pentachlorophenol use for timber treatment — particularly when combined with diesel — was a widespread agricultural practice before 1986, after which it was heavily regulated and largely phased out, placing the contamination-generating operations squarely within the era of occurrence-based CGL policies that carried no effective pollution exclusion. The remediation completed to date, including excavation of over 122 tons of PCP- and diesel-affected soil and removal of the dip tank, represents only the opening phase of cleanup, with soil and groundwater remediation costs still ahead. Historical carriers whose CGL policies were in force during the years the dip tank operated may be obligated to fund both the costs already incurred and the cleanup work yet to come.

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.