This property has a documented history as a public works and maintenance facility going back to 1914. Historical insurance policies issued during operations at this property 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.

Fisherman's Terminal has been in continuous operation since 1914 — more than seven decades before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion. The petroleum infrastructure and industrial activities that gave rise to the TPH, PCB, lead, chromium, and creosote contamination now confirmed in groundwater were in place throughout that pre-1986 window. Historical carriers who issued CGL policies covering the Port's terminal operations during those decades may be obligated to recover the remediation costs already incurred and to fund the cleanup work still 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.