This property has a documented history as a industrial and manufacturing facility predating 1986. 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.

Lockheed Shipbuilding operated Yard 2 until at least sometime before the Port's 1992 acquisition, placing its active industrial period squarely within the window when occurrence-based CGL policies carried no effective pollution exclusion in Washington. The PCBs, heavy metals, and PAHs now embedded in the sediments are the direct legacy of those shipyard operations, not a recent incident. Environmental covenants and monitoring obligations imposed by the 2013 ROD and 2015 Unilateral Administrative Order mean remediation expenditures are ongoing with no near-term end date, and historical carriers whose policies covered Lockheed Shipbuilding's operations at Yard 2 during that pre-1986 period may still be obligated to fund those continuing costs.

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.