This property has a documented history as a public works and maintenance facility going back to 1944. 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.

Contamination at OU3 traces to military operations that began in 1944, more than four decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The metals and solvent contamination now documented in groundwater resulted from decades of naval ammunition storage and submarine-base operations conducted during that insurable window. Historical carriers whose CGL policies were in force during the pre-1986 operational period may be obligated to fund both the remediation costs already incurred and the ongoing monitoring and maintenance this site still requires.

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.