This property has a documented history as a industrial and manufacturing facility going back to 1940. 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 at this property traces to underground storage tanks and fish processing operations established in the 1940s — more than four decades before 1986, when occurrence-based Commercial General Liability policies were the industry norm and contained no effective pollution exclusion. Carriers who issued CGL policies to the seafood processing operators during that pre-1986 window may remain obligated for the remediation costs tied to those historical releases. Because active cleanup is underway and planned expenditures — bulkhead removal, large-scale soil excavation, groundwater management — are substantial and ongoing, historical policies could apply both to costs already incurred and to the work still ahead.

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.