This property has a documented history as a public works and maintenance facility predating 1986. 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 Cowlitz Substation is major utility infrastructure constructed as part of Tacoma Power's 1960s-era Cowlitz River hydroelectric system — placing its operations well within the pre-1986 window when occurrence-based Commercial General Liability policies were issued without effective pollution exclusions. The petroleum contamination now requiring cleanup under MTCA standards represents the type of environmental liability those historical policies were designed to cover. Remediation costs already incurred and still accumulating at this 40-acre facility — including investigation, soil cleanup, and unresolved groundwater questions — may be recoverable from carriers whose policies were in force during the substation's decades of pre-1986 operation.

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.