This property has a documented history as a industrial and manufacturing facility going back to 1968. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.

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.

Coal-fired power generation at this facility began in 1968, nearly two decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The contamination now documented in groundwater and sediment — arsenic, mercury, halogenated solvents, and petroleum compounds — arose from operations that were underwritten during that pre-1986 window. Historical CGL carriers who covered the plant's operations through the 1970s and into the 1980s may bear obligations to fund the investigation and remediation costs the property now faces.

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.