This property has a documented history as a farm and agricultural operation going back to 1940. 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.

Contamination at this property — halogenated pesticides, lead, and petroleum hydrocarbons — traces to seed processing and storage operations that began in the 1940s, more than four decades before 1986. The leaking underground storage tank and feed line that were the source of pesticide rinsate releases were installed and operated well within the era of occurrence-based CGL policies that carried no effective pollution exclusion. The investigation, remediation, and groundwater monitoring costs the property now faces could plausibly be funded by historical carriers whose policies were in effect during those decades of pre-1986 operations.

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.