This property has a documented history as a farm and agricultural operation going back to 1944. Historical insurance policies issued during those prior operations 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 documented at this property originated from orchard and agricultural operations running from 1944 through the DDT era — spanning decades before 1986, when occurrence-based Commercial General Liability policies were the prevailing form and lacked effective pollution exclusions in Washington. Because DDT was largely phased out by 1972, the pesticide applications that produced the confirmed p,p'-DDT and p,p'-DDE readings almost certainly occurred entirely within that pre-1986 window. The investigation, feasibility study, and cleanup costs that lie ahead for this property could plausibly be funded by historical carriers whose policies were in force during those years of active orchard operations.

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.