This property has a documented history as a farm and agricultural operation 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 dinoseb contamination at this site traces directly to agricultural chemical operations conducted before the EPA's 1986 emergency suspension of that herbicide — placing the causative releases within the era when occurrence-based CGL policies were standard and their pollution exclusions had not yet been tightened. Carriers who issued those policies to Western Farm Service during its dinoseb-era operations may be obligated to fund both the ongoing groundwater monitoring program and any active remediation the site ultimately requires. The range of contaminants detected — spanning multiple herbicide and pesticide classes — reflects the scale of chemical handling at the facility and the corresponding breadth of potential insurance recovery.

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.