This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during operations at this property 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 PAH contamination at this site originates from fill material placed at the Port of Tacoma in the late 1800s and early 1900s, placing the contamination source decades before 1986, when occurrence-based Commercial General Liability policies still lacked effective pollution exclusions. Those pre-1986 policies, issued to port operators and government entities conducting public works at this terminal, remain potentially enforceable against historical carriers. With no cleanup work yet undertaken, the investigation, design, and remediation costs the Port of Tacoma now faces could plausibly be funded through historical CGL policies that were in force while the contaminating fill was in active use.

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.