This property has a documented history as a industrial and manufacturing facility going back to 1982. 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.

Brewing and fuel storage operations at this property began in 1982, four years before the 1986 shift away from occurrence-based Commercial General Liability coverage. The petroleum and solvent contamination confirmed in groundwater here is consistent with decades of industrial use — the type of gradual release that pre-1986 CGL policies were designed to cover without an effective pollution exclusion. Remediation costs already incurred and those still ahead as the Standard Cleanup progresses represent expenditures that historical carriers on the risk during those early operational years may be obligated to fund.

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.