This property has a documented history as a industrial and manufacturing facility 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 polycyclic aromatic hydrocarbon, petroleum hydrocarbon, and arsenic contamination at this property originated from sawmill and railroad operations that predate 1986 by the better part of a century. Occurrence-based Commercial General Liability policies issued to the operators of those mills and rail facilities during the pre-1986 era carried no effective pollution exclusion under Washington law and remain enforceable today. The remediation costs already incurred — soil excavation, capping, well installation, and multi-year groundwater monitoring — and the costs of cleanup work still to come 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.