This property has a documented history as a industrial and manufacturing facility going back to 1969. 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.

Junkyard operations involving fuel storage and heavy hydraulic equipment began at this site no later than 1969 — more than fifteen years before 1986, when occurrence-based CGL policies were still standard and carried no effective pollution exclusion. The petroleum and PCB contamination identified in groundwater is consistent with decades of industrial use predating that coverage threshold. Remediation costs already incurred and those still ahead under the Voluntary Cleanup Program may be recoverable from historical carriers whose policies were in force during the site's pre-1986 operational window.

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.