This property has a documented history as a industrial and manufacturing facility going back to 1982. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.

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.

Wood-treating operations using diesel and Pentachlorophenol at this property were underway by approximately 1982, prior to 1986 when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion. Dip-tank operations introducing PCP and diesel hydrocarbons into secondary containment over two decades are precisely the kind of slow, ongoing industrial release those policies were written to address. As this site moves toward active investigation and remediation, the cleanup costs now facing the property owner could plausibly be funded by historical carriers whose CGL policies were in force when these wood-treating operations began.

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.