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 — 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 petroleum hydrocarbons, PAHs, and metals uncovered during 2018 construction are characteristic of industrial fill deposited at this Port of Tacoma property in the late 1800s and early 1900s — decades before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion. Because the contamination is attributable to fill material placed well before that dividing line, the triggering events for CGL coverage fall within a window when historical carriers were actively writing policies at this location. Those carriers may bear obligations for the investigation and remediation costs now accruing as the Port continues development in this terminal area.

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.