This property has a documented history as a industrial and manufacturing facility going back to 1853. 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 hazardous substance releases at this property — from lumber treatment paints and chlorophenol-based products applied during sawmill operations from the early 1900s through the 1970s — had substantially occurred by 1985, the year before modern pollution exclusions became standard. Occurrence-based CGL policies issued to the mill's operators across those decades of active lumber treatment were written without effective pollution exclusions and remain enforceable today. The documented remediation costs here — removal of more than 26,000 tons of impacted soil, sediment management, long-term groundwater monitoring, and a pending excavation-and-capping program — represent both past expenditures historical carriers may be obligated to recover and future cleanup costs they may be required 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.