This property has a documented history as a industrial and manufacturing facility going back to 1957. 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.

The pentachlorophenol contamination at this property traces directly to wood treatment operations conducted between 1957 and 1969 — more than a decade before 1986, when occurrence-based Commercial General Liability policies still lacked effective pollution exclusions in Washington. Carriers who issued CGL policies to the wood treatment operator during that window may be obligated to fund the investigation, remedial design, and cleanup costs the property now faces. With the site still awaiting active remediation after more than four decades on Ecology's Contaminated Sites List, the recovery opportunity against those historical policies remains open.

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.