This property has a documented history as a industrial and manufacturing facility predating 1986. 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 sediment contamination documented here — tributyltin, heavy oils, and metals — is directly tied to boatyard operations conducted before tributyltin's progressive restriction beginning in the mid-1980s, placing the operative contamination window squarely in the era of occurrence-based Commercial General Liability policies that carried no effective pollution exclusion. Historical CGL carriers whose policies were in force during those boatyard operations may bear legal exposure for the sediment remediation costs this property now faces. A prospective purchaser acquiring a site with pre-characterized contamination inherits not just the cleanup obligation but also the right to pursue those historical insurers.

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.