This property has a documented history as a industrial and manufacturing facility going back to 1981. 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 cedar-shake mill that operated here from 1981 through approximately 1991 establishes that facility operations at this property predated 1986 — the year occurrence-based CGL policies stopped reliably covering pollution claims in Washington. The confirmed petroleum and metals contamination in groundwater, however, is tied to Shear Transport's trucking and recycling activities from 1994 to 2002, not the earlier mill. Whether historical carriers who covered the property during the mill era bear obligation for contamination caused by a subsequent operator is a site-specific coverage question — but the documented remediation costs and confirmed groundwater contamination provide the factual foundation for that inquiry.

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.