This property has a documented history as a farm and agricultural operation going back to 1960. 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 toxaphene contamination here originated from pesticide applications that began in the 1960s — more than two decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. Institutional operators held such policies during the full span of active hog dip operations, and those policies remain potentially enforceable today. The documented remediation expenditures — site investigations since 1996, large-scale soil excavation, bio-treatment system removal, and continuing cleanup planning — represent costs that historical carriers may be obligated both to recover and to fund through completion.

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.