This property has a documented history as a farm and agricultural operation going back to 1973. Historical insurance policies issued during operations at this property 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 nitrate and dinoseb contamination documented at this property traces directly to fertilizer and pesticide distribution operations that began in 1973 — more than a decade before occurrence-based CGL policies began routinely excluding pollution-related claims in Washington. Historical carriers who issued general liability coverage to the operators of this facility during that pre-1986 window may retain obligations for the documented remediation expenditures: soil excavation and capping, years of groundwater monitoring, and the ongoing performance-monitoring program being administered under Ecology's oversight.

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.