This property has a documented history as a industrial and manufacturing facility going back to 1943. 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.

Metals contamination at this site traces to industrial manufacturing operations that began in 1946 — four decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with pollution exclusions. The use of ASARCO slag as feedstock and the generation of metal-laden waste products over that span created the contamination now being remediated at enormous cost: hundreds of thousands of tons of excavation, engineered caps, new stormwater infrastructure, and long-term monitoring. Historical CGL carriers who covered the plant's operations during the pre-1986 window may be obligated both to recover past remediation expenditures and to fund the cleanup work that remains.

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.