This property has a documented history as a industrial and manufacturing facility going back to 1972. 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 contamination at this property — stemming from vehicle dismantling, metal processing, and wash pad operations — traces directly to industrial activities that began in 1972, over a decade before occurrence-based CGL policies stopped reliably covering pollution claims. Pre-1986 carriers who issued policies to Z Recyclers during those early years of operation had no effective pollution exclusion under Washington law, and those policies remain potentially enforceable today. With documented remediation costs already incurred in 2008 and additional cleanup expenditures anticipated for the scrap metal pile, historical insurers may bear obligations both for past costs and for the remediation work still 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.