This property has a documented history as a farm and agricultural operation 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 herbicide, nitrate, and ammonia contamination at this property originates from agricultural chemical storage and rinsing practices that site documents characterize as standard for early pesticide formulators — practices that predate the regulatory tightening of the mid-1980s. Occurrence-based Commercial General Liability policies issued to operators during that pre-1986 window carried no effective pollution exclusion under Washington law. The documented remediation costs here — soil excavation, years of groundwater monitoring, phytoremediation evaluation, and an ongoing remedial investigation — represent expenditures that historical carriers may be obligated both to recover and to fund as the site moves toward active remediation.

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.