This property has a documented history as a industrial and manufacturing 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 detection of PCBs at this site — compounds banned from manufacture in the United States in 1979 — confirms that contamination-generating operations were underway well before 1986, when occurrence-based CGL policies were still the industry standard and lacked effective pollution exclusions. Ecology attributed the contamination to past activities and poor handling, not an isolated incident, meaning the release was gradual and ongoing during the era when those policies were in force. The investigation and cleanup costs now facing the property owner — site characterization, remedial design, and eventual remediation — represent liabilities that historical carriers 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.