This property has a documented history as a industrial and manufacturing facility going back to 1957. 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 contamination at this site — mercury and arsenic compounds deposited through ore processing operations — originated entirely from industrial activity carried out between 1957 and 1960, nearly three decades before 1986. Occurrence-based Commercial General Liability policies in force during those operational years had no effective pollution exclusion, and the releases attributable to furnace operations and ore stockpiling fall squarely within their coverage triggers. The scale of remediation now confronting this property — excavation measured in thousands of cubic yards, consolidation, capping, stabilization, and extended institutional controls — represents exactly the category of costs that historical carriers whose policies covered those years 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.