This property has a documented history as a public works and maintenance 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 presence of PCBs at this terminal — banned nationwide in 1979 under the Toxic Substances Control Act — establishes that contamination originated no later than the late 1970s, well within the era when occurrence-based CGL policies carried no effective pollution exclusion. The breadth of confirmed contaminants across both groundwater and sediment reflects decades of industrial port operations generating environmental liability that predates 1986. Historical carriers who insured terminal operations during that window may be obligated to cover both the investigation and remediation costs incurred to date and the cleanup expenditures that lie 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.