This property has a documented history as a public works and maintenance facility going back to 1925. 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.

PCBs and lead-based paint at this substation originated from utility equipment and practices that predated meaningful environmental regulation by decades — and that were already in use when occurrence-based CGL policies were the industry standard and carried no effective pollution exclusion. With operations beginning in the mid-1920s, the Cushman Substation accumulated more than sixty years of pre-1986 exposure that historical carriers would have underwritten. The cleanup costs the City of Tacoma now faces could plausibly be funded by those historical insurers whose policies were in force when the contamination was first introduced.

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.