This property has a documented history as a public works and maintenance facility going back to 1950. Historical insurance policies issued during operations at this property 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.

This transportation corridor has operated continuously since the 1950s — more than three decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The petroleum contamination now confirmed in groundwater and surface water above a sole-source aquifer will require remediation whose costs have yet to be incurred. Historical CGL policies issued to the facility's operators during that pre-1986 window may be obligated to fund the investigation, design, and cleanup work that lies ahead.

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.