This property has a documented history as a industrial and manufacturing facility going back to 1940. 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.

Explosives manufacturing operations at this facility began in the early 1940s and continued for more than four decades before 1986 — a span during which occurrence-based CGL policies issued to the explosives manufacturer would have carried no effective pollution exclusion. The documented remediation costs here — soil removal activities dating to the late 1980s and ongoing groundwater monitoring for DNT and other contaminants — represent expenditures tied directly to releases from those pre-1986 operations. Historical carriers who provided coverage during the explosives-manufacturing era may be obligated to fund both past and continuing cleanup costs.

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.