This property has a documented history as a industrial and manufacturing facility going back to 1948. 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.

Petroleum and diesel contamination at this site traces to underground storage tanks installed and operated beginning in 1948 — nearly four decades before 1986, when occurrence-based CGL policies still carried no effective pollution exclusion in Washington. The off-site migration of diesel-range compounds into the neighboring Apple Valley Apartments property amplifies the remediation liability that historical carriers may be obligated both to recover and to fund going forward. With cleanup started and benzene and petroleum-diesel contamination confirmed in groundwater on- and off-site, the costs already incurred and those still ahead represent the kind of long-tail environmental exposure these pre-1986 policies were written to cover.

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.