This property has a documented history as a industrial and manufacturing facility going back to 1910. 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 railroad spur serving this corridor had a nearly 100-year operating history as of the remediation documents, and the Oeser facility's use of creosote and PCP predates 1986 by decades — both contamination sources squarely within the era when occurrence-based CGL policies had no effective pollution exclusion. The documented remediation expenditures here — large-scale soil excavation, physical containment, and long-term monitoring commitments — were incurred to address releases tied directly to those pre-1986 industrial operations. Historical carriers who issued CGL policies to the railroad or wood-treatment operators during that window may be obligated both to recover costs already spent and to fund the monitoring obligations 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.