This property has a documented history as a industrial and manufacturing facility going back to 1983. 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.

This generating station was constructed in 1983, squarely within the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The groundwater contamination now requiring remediation — MTBE and diesel at levels well above regulatory thresholds — represents ongoing cleanup expenditures tied to a facility whose historical carriers issued policies during that pre-1986 window. Those carriers may be obligated to fund both past remediation costs and the cleanup work still ahead.

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.