This property has a documented history as a public works and maintenance 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 specific contaminants documented at S Orchard Street tell a pre-1986 story: Aroclor 1254 is a PCB compound banned from U.S. manufacturing in 1979, and the lead and heavy lube-oil hydrocarbons found here are consistent with road construction and vehicle-maintenance operations from the era when leaded products were still in common use. Contractors, utilities, or municipal operators who paved, maintained, or worked equipment within this SDOT right-of-way during those decades would have carried occurrence-based CGL policies tied to this specific corridor. Those historical policies may be obligated to fund the cleanup costs the City of Seattle now faces before remediation can begin.

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.