This property has a documented history as a industrial and manufacturing facility going back to 1928. 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 petroleum contamination at this property — gasoline, heating oil, and diesel from USTs explicitly tied to the former furniture refinishing operation — traces to a historic release from past operations in a facility dating to 1928, well over half a century before 1986. Lead detected in soil samples from the gasoline contamination confirms the use of leaded gasoline, which was phased out before 1986, placing the operative contamination event squarely within the era when occurrence-based CGL policies were standard and lacked effective pollution exclusions. Historical carriers who issued CGL policies to the operators of this facility during those decades may be obligated both to recover the documented remediation expenditures already incurred and to fund the remaining cleanup costs now held in escrow.

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.