This property has a documented history as a industrial and manufacturing facility 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 contamination at this site — cadmium and petroleum hydrocarbons from used industrial oils — predates the current occupant's tenancy and is consistent with industrial waste handling practices common before 1986, when occurrence-based Commercial General Liability policies were still in widespread use and carried no effective pollution exclusion in Washington. Because the release is attributed to operations that preceded Sweeney Industries, the historical carrier or carriers who insured this property during that earlier industrial period may remain obligated under those policies. The documented remediation expenditures — multi-year investigation, soil excavation, off-site disposal of over a ton of impacted material, and confirmation sampling — represent costs potentially recoverable from those pre-1986 policy years.

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.