This property has a documented history as a farm and agricultural operation 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 contamination here originated from agricultural fueling infrastructure that had been in operation for many years before the tanks were removed in 2009 — an operational history that strongly implies installation and use well before 1986. Occurrence-based CGL policies issued to Roy Farms, Inc. during that pre-1986 period carried no effective pollution exclusion in Washington and may remain enforceable today. The remediation costs documented at this site — the 2009 excavation of 4,000 cubic yards of impacted soil, bioremediation treatment, and continuing long-term groundwater monitoring — represent expenditures the historical carriers may be obligated both to recover and to fund going forward.

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.