This property has a documented history as a industrial and manufacturing 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 chromium and cadmium groundwater contamination at this site traces to plating operations that were well established before the 1992 discovery — operations that, given the extent of subsurface impact requiring decades of pump-and-treat remediation, were very likely underway before 1986. Occurrence-based CGL policies in effect during those pre-1986 operating years would have covered gradual pollution releases without the absolute pollution exclusions the industry adopted after 1986. With remediation still ongoing more than thirty years after the initial investigation, the accumulated and future cleanup expenditures represent costs that historical carriers 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.