This property has a documented history as a industrial and manufacturing facility going back to 1974. Historical insurance policies issued during operations at this property 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.

Metal fume waste deposition at this facility began no later than 1974 — more than a decade before 1986, when occurrence-based CGL policies still lacked effective pollution exclusions in Washington. The contamination here is the direct product of continuous heavy industrial operations spanning the pre-1986 window, not a discrete accident, making it precisely the type of slow, ongoing release those policies were written to cover. With five inactive lagoons on site and a formal cleanup project underway since 2014, the remediation costs — past and future — represent expenditures that historical carriers whose policies were in force during those decades of operation 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.