This property has a documented history as a industrial and manufacturing facility going back to 1950. Historical insurance policies issued during operations at this property 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 contamination driving this remedial investigation — TBT, PAHs, and heavy metals — is the direct product of 36 years of boatyard operations conducted before 1986, when industrial-scale maintenance waste was discharged without capture into the water. Occurrence-based CGL policies issued to marina operators during that pre-1986 window carried no effective pollution exclusion in Washington and remain enforceable against the historical carriers. The full scope of a Voluntary Cleanup Program investigation and subsequent cleanup — costs attributable entirely to those decades of pre-1986 discharge practices — represents expenditures that historical carriers may be obligated to fund.

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.