This property has a documented history as a industrial and manufacturing facility going back to 1980. 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 contamination at this property originated from operational discharges that began in approximately 1980, with the implicated drywell in place since at least 1977 — both dates falling well before 1986, the threshold year after which CGL policies began to carry effective pollution exclusions. Diesel, waste oil, and PAH loading from years of equipment maintenance and creosote-timber handling represent the type of slow, recurring release that occurrence-based pre-1986 CGL policies were designed to cover. With remediation still unfunded and ahead, historical carriers whose policies were active during RRL's pre-1986 operational window may bear an obligation to fund the cleanup costs this property now faces.

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.