This property has a documented history as a public works and maintenance facility going back to 1940. 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.

Military and industrial operations at Pier 23 ran continuously from the 1940s through the mid-1980s — decades during which occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The contamination now being addressed — PCBs, petroleum hydrocarbons, PAHs, arsenic, and heavy metals across groundwater, sediment, and surface water — traces directly to those wartime and postwar operations. Historical carriers that insured the Navy, the Port of Tacoma, Coast Engineering, and other Pier 23 operators during that pre-1986 window may be obligated both to recover costs already incurred and to fund the remediation work that continues.

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.