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.

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 mercury and lead contamination beneath Fulmer Hall accumulated from chemistry laboratory operations at a university established in 1890, with the volume of impacted soil — approximately 270 cubic yards — reflecting decades of releases that likely began well before 1986. Occurrence-based CGL policies in effect during those earlier decades of laboratory operations would have covered such ongoing releases without an effective pollution exclusion. The investigation and remediation costs this site now faces could be recoverable under policies issued to the operators during that pre-1986 window.

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.