This property has a documented history as a industrial and manufacturing facility going back to 1980. 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.

Painting and sandblasting operations at this property began in 1980 — six years before occurrence-based Commercial General Liability policies ceased to be the industry standard — and the arsenic and lead contamination found in soil and groundwater is consistent with the gradual, process-driven releases those pre-1986 policies were written to cover. The documented soil remediation costs and the outstanding groundwater cleanup together represent expenditures that historical carriers whose policies were in force during those industrial operations may be obligated to fund.

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.