This property has a documented history as a industrial and manufacturing facility going back to 1895. 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.

Steel manufacturing and associated industrial discharges at this property began more than ninety years before 1986, and the PCB contamination alone confirms that releases were occurring decades before occurrence-based CGL policies began routinely excluding pollution claims. The completed construction phase — containment systems, landfill gas infrastructure, and the extensive investigative work that preceded it — represents past remediation expenditures that historical carriers may be obligated to recover. Equally significant, the active Operations and Maintenance Plan commits continuing future expenses for system operation, monitoring well sampling, and long-term performance verification that those same historical carriers may be obligated to fund going forward.

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.