This property has a documented history as a industrial and manufacturing facility going back to 1880. 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.

Contamination at this property — metals, petroleum hydrocarbons, and polycyclic aromatic hydrocarbons — traces to industrial operations that spanned more than a century, all predating 1986: coal mining from the 1880s, foundry work through the mid-1970s, and transformer equipment into the early 1980s. Occurrence-based CGL policies issued to operators during any of those pre-1986 windows carried no effective pollution exclusion and remain potentially enforceable today. The forthcoming cleanup — soil excavation and offsite disposal, capping, wetland restoration, and long-term monitoring — represents costs 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.