This property has a documented history as a public works and maintenance facility going back to 1910. Historical insurance policies issued during operations at this property 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 diesel release here originated from a standby generator day tank at a Steam Plant built in 1910 — infrastructure that operated continuously for more than seven decades before 1986, when occurrence-based CGL policies were still the industry standard and pollution exclusions were not yet effective in Washington. Carriers who issued policies covering this government facility during that long pre-1986 operational window may bear liability for the contamination that resulted from those same facility operations. The documented remediation costs — soil excavation, stormwater infrastructure replacement, a three-year treatment system, and oil-water separator installation — represent expenditures potentially attributable to those historical policies.

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.