This property has a documented history as a industrial and manufacturing facility going back to 1947. 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.

Nearly four decades of this facility's operational history — from 1947 through 1985 — fall within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The metals, halogenated organics, and PAH contamination documented in groundwater and marine sediment originated from boat-building and repair operations that were well underway during that pre-1986 coverage window. Remediation costs already incurred and those still ahead under the ongoing cleanup represent expenditures that historical carriers who insured the shipyard during its first four decades of operation 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.