This property has a documented history as a industrial and manufacturing facility going back to 1969. 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.

Contamination at this former pulp mill — petroleum hydrocarbons, BTEX compounds, and heavy metals — traces to industrial manufacturing operations that were already well established by 1969, more than fifteen years before pollution exclusions became standard in occurrence-based Commercial General Liability policies. The 2007 rescission of the NFA and the subsequent discovery of additional historical contamination confirm that releases tied to those pre-1986 operations extend beyond what was initially characterized. Historical carriers who issued CGL policies during the facility's long operational window may be obligated to fund the investigation, interim actions, and full cleanup costs that remain ahead.

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.