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 — 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.

The contamination here is attributed explicitly to "historic releases" and "product loss over many years" from underground fuel storage tanks that were removed in 1994 — tanks that had been in service well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Those pre-1986 CGL policies, issued to Wahkiakum County or its insurers during the decades the fuel tanks were active, remain enforceable against the historical carriers. The documented remediation costs — UST removals, soil excavation, investigation-derived waste disposal, and continuing site work — represent expenditures those carriers may be obligated both to recover and to fund going forward.

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.