This property has a documented history as a industrial and manufacturing facility going back to 1963. 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.

Tin reclamation operations at this site ran continuously from 1963 through 1986 — 23 years during which caustic lye processing and unlined settling ponds were releasing contaminants into the soil without any effective pollution exclusion in the CGL policies of that era. The contamination here is the product of slow, diffuse industrial releases accumulating over decades, not a discrete post-1986 event. CGL carriers who wrote occurrence-based policies for Port of Seattle operations during those 23 pre-1986 years may be obligated to fund the remedial investigation, feasibility work, and eventual cleanup actions now required under the Agreed Order.

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.