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 sediment contamination at this site was formally documented in surveys as early as 1982 and 1985 — both before the 1986 cutoff year after which occurrence-based Commercial General Liability policies ceased to reliably cover pollution claims. Municipal and public-works operations along this stretch of Seattle's waterfront during that pre-1986 period would have been insured under those occurrence-based CGL forms, which in Washington carried no effective pollution exclusion. The anticipated excavation and sediment disposal, together with the monitoring program already accumulated, represent remediation costs that historical carriers whose policies were in force during the pre-1986 operational window 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.