This property has a documented history as a industrial and manufacturing facility going back to 1884. 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 here originates from manufactured gas plant operations that ceased more than a century ago — decades before 1986, when occurrence-based Commercial General Liability policies still lacked effective pollution exclusions in Washington. Carriers who issued CGL policies to plant operators during the 1884–1924 operating window, or to subsequent site owners managing the legacy of those operations, may remain obligated under those policies today. The remediation record at this site — tens of thousands of tons of excavated soil, NAPL recovery, cap construction and over fourteen years of cap monitoring, ongoing long-term O&M — represents expenditures that historical insurers could be required both to recover and 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.