This property has a documented history as a industrial and manufacturing facility going back to 1889. 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 lead and zinc contamination at this property — embedded in nearly a century of accumulated tailings and mine wastes — originated entirely from industrial extraction and milling operations that predated 1986 by decades. Occurrence-based Commercial General Liability policies issued to mine operators during that pre-1986 window had no effective pollution exclusion and remain potentially enforceable. The $1.3 million construction remediation and the continuing monitoring obligations it created are precisely the category of long-tail environmental liability that historical CGL carriers 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.