Unearthing Hidden Assets: How Pre-1986 Insurance Policies Can Offset PFAS Liability

By Edward (Ned) B. Witte, Witte Davis Law; Kristen Drake, PolicyFind; Lindene Patton, Earth & Water Law

The authors wish to thank and acknowledge the contributions to this article by Heather A. Davis, a Partner at Witte Davis Law. Heather has extensive experience in environmental compliance, toxic tort defense, Superfund, and products liability.

Introduction: The PFAS Challenge and the Insurance Solution

Per- and polyfluoroalkyl substances, commonly referred to by the acronym PFAS, have become one of the defining environmental liability challenges of our era. Manufacturers, municipalities, airports, military installations, industrial facilities, and a host of other parties are discovering, often for the first time, that operations conducted decades ago may now carry significant legal and financial consequences. Regulators at both the federal and state levels have moved aggressively to identify contaminated sites, designate responsible parties, and compel investigation and cleanup. The litigation exposure that follows is substantial, and for many entities, the cost of response is daunting.

Yet there is an often-overlooked financial resource that sits quietly in the past, waiting to be discovered: historical commercial general liability (CGL) insurance policies purchased before 1986. For businesses and municipalities that used or released PFAS in their operations as far back as the 1950s, those old policies may represent a meaningful, and sometimes transformative, source of coverage. The catch? Finding them requires specialized expertise, legal strategy, and a willingness to look in places that most organizations have long since stopped checking.

This article, co-authored by environmental and insurance lawyers and an insurance archaeology specialist, is designed to help businesses, municipalities, and other potentially responsible parties (PRPs) understand the landscape of PFAS liability, the insurance coverage options that may exist, and the practical steps involved in accessing them.

Background on PFAS Risk and Historical Context

PFAS are a large and diverse family of synthetic chemicals characterized by the strength of their carbon-fluorine bond, one of the strongest bonds in organic chemistry. That bond is what makes them so useful: PFAS repel water, oil, and heat. They have been commercially available and widely used since roughly the 1950s, appearing in products as varied as non-stick cookware coatings, food packaging, stain-resistant textiles, firefighting foams (particularly aqueous film-forming foam, or AFFF), and industrial surfactants.

The problem, of course, is the same durability that makes PFAS commercially attractive also makes them extraordinarily persistent in the environment. They do not break down under natural conditions. They accumulate in soil, groundwater, and biological tissue. They travel.1 And they have been linked, through a growing body of epidemiological and toxicological research, to a range of serious human health effects, including certain cancers, immune system disruption, thyroid disease, and developmental harm.2

What is critical to understand for purposes of this discussion is the temporal dimension of PFAS exposure. Releases to the environment that occurred in the 1950s, 1960s, 1970s, and 1980s are only now being fully identified and quantified, as regulatory frameworks catch up to the science and as sophisticated analytical techniques improve our ability to detect these compounds at very low concentrations. The regulatory treatment of PFAS as hazardous substances is a recent development, even as the environmental releases that drive liability stretch back more than half a century. That temporal gap between release and regulatory response has profound implications for insurance coverage.

PFAS Liability: Federal Authority, State Regulation, and Third-Party Claims

At the federal level, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), enacted in 1980, provides the primary framework for addressing hazardous substance contamination. CERCLA liability is broad and strict: parties that owned or operated contaminated facilities, arranged for disposal or treatment of hazardous substances, or transported such substances may all be held jointly and severally liable for the full costs of investigation and cleanup.

The Biden-era EPA designated perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), the two most extensively studied PFAS compounds, as CERCLA hazardous substances in a final rule that took effect on July 8, 2024. While that rule faces ongoing legal challenge, and while the current administration has signaled some regulatory recalibration, EPA has confirmed that it intends to defend the CERCLA designation for PFOA and PFOS3. For PRPs, the practical effect is clear: PFAS contamination at or near facilities where these compounds were historically used or disposed now triggers the full weight of CERCLA liability and enforcement.

Many states, meanwhile, have moved well ahead of federal standards in regulating PFAS. Wisconsin provides a notable recent example: in June 2025, the Wisconsin Supreme Court confirmed that the Wisconsin Department of Natural Resources has broad authority to regulate PFAS as hazardous substances under the state’s Spills Law, without the need for additional rulemaking.4 That decision has already been applied in practice, with WDNR issuing Responsible Party notifications in connection with PFAS contamination in Oneida County5. Similar regulatory activity is underway in Michigan, Minnesota, New Jersey, California, and a growing number of other states.

Beyond regulatory enforcement, PRPs also face exposure from private plaintiffs, including property owners, municipal water systems, and individuals who allege that PFAS contamination has diminished property values, impaired drinking water supplies, or caused personal injury. These third-party claims add a litigation overlay to what might otherwise be a purely regulatory matter, and they expand the range of damages for which coverage may be available.

The cumulative picture is this: the PFAS liability exposure of many businesses and municipalities is real, it is growing, and it reaches back to a time when the use of these compounds was entirely lawful and largely unregulated.

Insurance Coverage for Environmental Damages and the Barrier of the Absolute Pollution Exclusion

For businesses facing environmental liability, the natural question is whether their commercial liability insurance will respond. For most parties holding current CGL policies, the answer is almost certainly no, at least for PFAS and other environmental contamination claims. The reason lies in a sweeping policy exclusion that became standard in the insurance industry in 1986: the “absolute pollution exclusion.”6

Prior to 1986, CGL policies typically contained only a qualified pollution exclusion, which excluded coverage for pollution that was expected or intended by the insured, but preserved coverage for sudden and accidental releases. Courts often interpreted this provision broadly, finding that even gradually occurring contamination could qualify as unexpected and thus covered.7

The insurance industry’s response was to revise the standard CGL form in 1986, adding language that categorically excluded coverage for bodily injury or property damage arising out of the discharge, dispersal, release, or escape of pollutants. Critically, “pollutants” were defined broadly to include virtually any irritant or contaminant, a definition that many courts have applied to include hazardous substances, industrial chemicals, and emerging contaminants like PFAS. The absolute pollution exclusion has effectively closed the door on environmental coverage for many policies issued after 1986, although some jurisdictions, including Indiana, have adopted narrower interpretations of the exclusion.

This means that for PFAS releases that occurred entirely within the post-1986 period, or for parties relying solely on current insurance, coverage is generally unavailable, unless provided by environmental insurance with intentional pollution coverage. Critically, however, for releases that occurred prior to 1986, the older CGL policies that were in force at the time of those releases did not contain the absolute pollution exclusion. Those policies may still respond to covered claims arising from occurrences during the policy period. And for releases of PFAS that trace back to the 1950s, 1960s, 1970s, or early 1980s, those policies represent a potentially substantial source of financial recovery.

Insurance Archaeology: Finding Yesterday’s Policies to Pay for Today’s Claims

Insurance archaeology is the process of locating and documenting historical insurance policies that may no longer be in an organization’s active records. As identified by co-author Kristen Drake of PolicyFind, it is “the process of locating and retrieving proof of the existence, terms, conditions, and limits of lost or destroyed insurance policies.”8 The analogy to traditional archaeology is apt: just as an archaeologist reconstructs the past from physical evidence, an insurance archaeologist reconstructs a historical coverage program from whatever documentary traces survive, including policy documents, premium receipts, board minutes, broker correspondence, financial statements, corporate filings, and archival records.

For organizations facing PFAS liability with roots in the pre-1986 era, insurance archaeology is not merely a useful exercise; it may be an essential one. Coverage counsel and insurance archaeologists working together have recovered insurance assets for clients facing legacy environmental, asbestos, and other long-tail liabilities.9 PFAS is the next major frontier for this work.

A foundational concept in understanding why historical CGL policies matter is the distinction between claims-made and occurrence-based policies. Under a claims-made policy, coverage is generally triggered when a claim is first made against the insured during the policy period, regardless of when the underlying exposure or event occurred. Under an occurrence-based policy, coverage is generally triggered when bodily injury or property damage occurs during the policy period. As a result, a claim may be asserted years or even decades later and still implicate historical occurrence-based policies if the injury or damage took place during those earlier policy periods.

Prior to 1986, most CGL policies were occurrence-based. This is why they remain valuable today. A policy that was in force in 1970, for example, may provide coverage for a PFAS release that occurred in that year, even though the claim arising from that release is not asserted until 2025. The policy period has long since ended, but coverage may still be available because the occurrence took place during the policy period. The insurer’s obligation to defend and indemnify against covered claims arising from that occurrence remains in force.

This is a concept that many policyholders and even some of their advisors find counterintuitive. But it is legally well-established, and it is the cornerstone of the case for pursuing historical coverage for PFAS.

In practice, locating pre-1986 CGL policies involve a detailed and often painstaking investigative process. The challenge is significant: fifty-year-old business records were routinely discarded, and most organizations today no longer have records identifying the insurance programs that were in place during that era. But the absence of internal records does not mean coverage did not exist or cannot be proven.

Insurance archaeology investigations typically unfold over a period of sixty to ninety days and involve multiple complementary research strategies. These may include review of surviving corporate records and board minutes; interviews with current and former employees, officers, and brokers; searches of state insurance department records and regulatory filings; review of financial statements and auditor’s workpapers that may identify insurance premiums as line items; examination of historical broker and agent records; searches of federal and state court records involving prior insurance disputes; and review of archival records held by former insurance carriers or their successors. Each investigation is customized to the specific history and structure of the organization.10

One common output of a thorough insurance archaeology investigation is a documented coverage chart, a chronological reconstruction of the organization’s historical insurance program that identifies the policies that existed, their limits, the carriers that issued them, and the terms and conditions relevant to coverage. That documentation forms the foundation for a coverage claim.

One additional practical consideration is the solvency of historical insurers. Some carriers that issued CGL policies in the 1960s and 1970s are no longer in business. However, this does not necessarily defeat a coverage claim. Many states have insurance guaranty funds that may provide protection for certain claims against insolvent carriers, subject to statutory limitations and caps. In addition, successor-in-interest analysis and other insurance recovery mechanisms may provide additional avenues. Coverage counsel with experience in historical policy claims will be familiar with these mechanisms and can advise accordingly.

Conclusion: Practical Strategies and Best Practices

For businesses, including, particularly, privately held businesses that have been in the control of a handful of owners for many years or decades, for municipalities, and for other PRPs facing, or anticipating, PFAS liability, the time to act is now. The regulatory and litigation environment is not static: it is intensifying, at both the federal and state level. Parties that delay in assessing their insurance assets may find that practical recovery becomes more difficult as memories fade, records are further lost, and coverage disputes become more complicated.

We offer the following practical strategies and best practices for organizations navigating this landscape:

  1. Conduct a preliminary insurance audit. Before engaging a full insurance archaeology investigation, work with your coverage counsel to review whatever records currently exist. Corporate files, financial statements, broker records, and even premium payment histories can provide initial leads on the carriers and policy periods that are likely candidates for investigation.
  2. Engage an insurance archaeologist with experience in environmental and other long-tail liabilities. Not all insurance consultants or brokers are equipped to perform true insurance archaeology. The forensic reconstruction of historical coverage programs requires specialized expertise in investigation methodology, document authentication, carrier succession, and coverage analysis. Engage a firm with a demonstrated track record in environmental and emerging contaminant claims. The investment is modest relative to the potential recovery.
  3. Work with experienced coverage counsel. Identifying historical policies is the beginning, not the end, of the process. Presenting a successful coverage claim requires legal analysis of the policy language, the tender of claims in compliance with notice requirements, and often, litigation or arbitration against carriers that disclaim coverage. Environmental coverage litigation is a specialized field, and the quality of legal representation matters.
  4. Don’t assume the absence of evidence means absence of coverage. Many organizations conclude too quickly that they have no historical coverage because internal records do not reflect it. That conclusion is often wrong. Insurance archaeology routinely locates policies that clients believed no longer existed. The absence of a policy in your file room is not proof that the policy was never issued.
  5. Act before regulatory deadlines crystallize liability. The PFAS regulatory storm, including federal CERCLA designations, state hazardous substance programs, and drinking water standards, is already driving rapid identification of PRPs. Once a party has been identified as responsible, the pressure to respond and incur costs escalates. Having historical coverage in place before that moment arrives creates leverage and financial security.
  6. Evaluate your full corporate and operational history. For businesses that have been through mergers, acquisitions, divestitures, or reorganizations, the analysis of which entity holds coverage and for which operations require careful historical reconstruction. Insurance archaeology and corporate history reconstruction often go hand in hand, particularly for complex organizations.
  7. Consider the full range of potential claims. Pre-1986 CGL policies may respond not only to environmental cleanup costs under CERCLA or state law, but also to third-party bodily injury and property damage claims, legal defense costs, and regulatory response costs. The full scope of available coverage should be evaluated by qualified counsel.

The PFAS era has arrived. The liability it imposes looks backward in time, to releases that occurred when these compounds were in widespread, lawful use and when the regulatory framework had not yet caught up. The insurance industry, for its part, changed its standard policy form in 1986, but the policies that predate that change remain in force and may provide coverage that is now worth pursuing. For businesses and municipalities that used or released PFAS prior to 1986, conducting a thorough insurance archaeology investigation is not merely prudent; it may be one of the most valuable legal and financial steps they can take.

Edward (Ned) B. Witte, a Partner at Witte Davis Law, is nationally recognized for his work on emerging contaminants and PFAS.

Kristen Drake is President and Lead Insurance Archaeologist at PolicyFind, an insurance archaeology firm.

Lindene Patton is a Partner at Earth & Water Law, LLC, with broad expertise in environmental risk, insurance coverage, and emerging chemical liability.

Endnotes

1 Ian T. Cousins et al., Outside the Safe Operating Space of a New Planetary Boundary for Per- and Polyfluoroalkyl Substances (PFAS), 56 Envtl. Sci. & Tech. 11172 (2022). Researchers from Stockholm University and ETH Zurich found that PFAS levels in rainwater, surface water, and soils now globally exceed safety guidelines, including in remote locations such as Antarctica, concluding that PFAS contamination has exceeded a new planetary boundary for chemical pollution.

2 In November 2023, a working group of thirty international scientists convened by the International Agency for Research on Cancer (IARC) classified PFOA as a Group 1 human carcinogen, based on sufficient evidence in experimental animals and strong mechanistic evidence in exposed humans, including immunosuppression and epigenetic alterations, as well as limited evidence of renal cell carcinoma and testicular cancer. PFOS was classified as Group 2B (possibly carcinogenic to humans). See, for example, S. Zahm et al., Carcinogenicity of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS), 25 Lancet Oncology 16 (2024); see, also, the United States Environmental Protection Agency document “Our Current Understanding of the Human Health and Environmental Risks of PFAS,” (last updated on April 21, 2026), https://www.epa.gov/pfas/our-current-understanding-human-health-and-environmental-risks-pfas,

3 EPA Fuels the PFAS Storm and Moves to Keep CERCLA Rule in Place, Witte Davis Law Blog (2025), available at wittedavis.com.

4 Wisconsin Supreme Court Upholds State Cleanup Program and WDNR Authority to Regulate PFAS, Witte Davis Law Blog (2025), available at wittedavis.com.

5 Wisconsin DNR Cites Its Supreme Court-Backed PFAS Authority in Town of Stella Responsible Party Notifications, Witte Davis Law Blog (2025), available at wittedavis.com.

6 In addition to the absolute pollution exclusion, the industry created a “total pollution exclusion” to address court rulings that held that some coverage remained notwithstanding the absolute pollution exclusion. This policy language and interpretation area is highly complicated and complex, with exceptions, grants and rulings that are beyond the scope of this article.

7 See Wolverine World Wide, Inc. v. American Insurance Co., No. 1:19-cv-10, 2021 WL 4841167 (W.D. Mich. Oct. 18, 2021) (holding that a pre-1986 CGL policy’s pollution exclusion did not bar a duty to defend for PFAS releases dating to 1958). Compare Wolverine, however, with Tonoga, Inc. v. New Hampshire Insurance Co., 201 A.D.3d 1091 (N.Y. App. Div. 2022) (holding that the “sudden and accidental” exception did not apply where it could be established that PFAS were knowingly discharged as part of manufacturing processes over a period of many years, illustrating that coverage analysis may turn on the specific facts of the release and the policy language at issue).

8 Kristen Drake, Insurance Archaeology: From Niche to Necessity, PolicyFind (May 2024), available at policyfind.com.

9 Kristen Drake, The Role of Insurance Archaeology in Asbestos Litigation, PolicyFind (September 2025), available at policyfind.com.

10 Kristen Drake, Turning Discovery Into Dollars: Real-World Results of Insurance Archaeology, PolicyFind (December 2025), available at policyfind.com (describing, among other examples, the successful location of a 1981 general liability policy for a business facing state environmental cleanup demands, demonstrating that pre-1986 coverage can be located and applied to environmental response costs even decades after the underlying releases occurred).

Funding PFAS and Groundwater Cleanup: How Historical Insurance Policies May Pay for Environmental Remediation

Insurance archaeology and historical insurance recovery can identify historical liability insurance that may provide funding for PFAS contamination, groundwater remediation, and long-tail environmental liability claims.

By: James Pawlish

Environmental contamination from PFAS chemicals, solvent releases from dry cleaners, and industrial operations often create significant financial challenges for property owners, municipalities, and businesses.

These liabilities can also affect property transactions, redevelopment financing, and lending decisions when environmental risk becomes tied to the value of a property or business.

Cleanup obligations may arise decades after contamination first occurred, and remediation costs can easily reach millions of dollars. These liabilities are frequently discovered during property or business transactions, due diligence such as Phase I or Phase II Environmental Site Assessments, redevelopment planning, or regulatory investigations and enforcement actions.

Many organizations do not realize that historical insurance policies issued decades ago may still provide coverage for environmental liabilities today. When these policies are identified and reconstructed, they can provide important financial resources for environmental cleanup and legal defense.

For property owners, business owners, environmental attorneys, real estate developers, environmental consultants, latent injury attorneys, municipalities, and financial institutions, historical insurance recovery can be a critical source of environmental remediation funding.

PFAS Insurance Coverage: How Historical Policies May Fund PFAS Cleanup

PFAS (per- and polyfluoroalkyl substances) contamination has emerged as one of the most significant environmental issues in the United States. These “forever chemicals” were widely used for decades in firefighting foam, industrial manufacturing, textiles, and consumer products. As regulatory scrutiny continues, PFAS contamination in soil and groundwater is triggering costly investigations and remediation obligations across the country.

Many of these releases occurred during periods when commercial general liability policies provided broader pollution coverage than modern policies. Policies issued prior to the mid-1980s often did not contain the absolute pollution exclusions commonly found in later insurance policies.

However, coverage is not limited only to policies issued before the mid-1980s. The availability of insurance coverage ultimately depends on the specific policy language and the law governing its interpretation. In some jurisdictions, courts have held that ambiguous policy language must be interpreted in favor of the policyholder. As a result, policies issued after the introduction of pollution exclusions may still provide coverage depending on how courts interpret the policy language.

For organizations facing PFAS cleanup obligations today, identifying historical insurance coverage across multiple policy periods can help reduce financial exposure.

Groundwater Contamination and Environmental Liability Claims Can Trigger Multiple Policies

Environmental contamination rarely occurs at a single moment. Instead, it typically develops gradually as pollutants migrate through soil and groundwater over time. Because of this, groundwater contamination and environmental liability claims can involve multiple insurance policies across multiple policy periods.

Industries commonly associated with long-tail environmental exposure include dry cleaning operations using PCE and TCE solvents, manufacturing and industrial facilities, municipal landfills and waste disposal sites, airports and firefighting training facilities, and chemical processing operations. When contamination spans decades, multiple insurance carriers and policy years may be relevant. This can create substantial available coverage for environmental liability claims.

For dry cleaners, property owners, and municipalities dealing with groundwater contamination today, historical liability insurance may represent a significant and often overlooked financial resource.

Potentially Responsible Party Investigations and Insurance Allocation

Environmental contamination often involves more than one responsible party. Former owners, operators, tenants, waste generators, or transporters may all have contributed to contamination at a site.

As a result, environmental liability investigations frequently include identifying Potentially Responsible Parties (PRPs) and evaluating responsibility among them.

A PRP investigation can uncover prior property owners, former operators, or industrial tenants whose activities contributed to contamination. Once those parties are identified, their historical insurance coverage may become relevant in evaluating potential sources of funding for remediation and defense costs.

For example, a contaminated property may have been owned or operated by several companies over multiple decades. Each of those entities may have maintained liability insurance policies that could respond to environmental claims arising from their period of operation.

Identifying potentially responsible parties and their insurance coverage helps clarify which parties, operations, and policy periods may be relevant. This process can expand the pool of available funding for remediation while also helping insurers evaluate responsibility across multiple policyholders, carriers, and years of coverage.

For environmental attorneys, consultants, municipalities, financial institutions, and insurers, PRP investigations combined with insurance archaeology and historical insurance research often play a critical role in identifying potentially relevant parties and insurance coverage that may contribute to cleanup costs.

Example: When a Property Transaction Reveals PFAS Contamination

Consider a property owner preparing to sell a commercial or industrial property. As part of the buyer’s due diligence process, a Phase I Environmental Site Assessment identifies the potential for PFAS contamination based on historical operations at the site. Further investigation may be recommended, and testing may confirm PFAS impacts to soil or groundwater. At that point, the transaction can become significantly more complex. Buyers, lenders, and regulators may require investigation and remediation before the deal can proceed.

In many cases, the contamination originated decades earlier under prior ownership or during historical industrial operations. Those former owners or operators may have maintained commercial general liability insurance policies during the years when the releases occurred.

Through insurance archaeology, it may be possible to identify and reconstruct historical insurance policies tied to earlier operations. When coverage is confirmed, those policies may help fund environmental investigation, remediation costs, and legal defense related to PFAS or groundwater contamination claims. In some transactions, identifying insurance coverage can help offset remediation costs that might otherwise prevent a deal from moving forward. For property owners, environmental consultants, and real estate attorneys, uncovering historical insurance can significantly change the financial outcome of a transaction involving contaminated property.

Insurance Archaeology and Locating Lost Insurance Policies

One of the biggest challenges in environmental insurance recovery is that many historical policies are no longer readily available. Businesses often retained insurance records for only a limited period, and corporate reorganizations, mergers, and relocations frequently resulted in lost documentation.

Insurance archaeology is the process of locating proofs of the existence, terms, and conditions of lost or mislaid policies. It also involves reconstructing historical insurance coverage through archival research and secondary documentation. Even when the original policy cannot be located, secondary evidence can often establish the existence and terms of historical coverage. Through careful historical insurance research, it is frequently possible to reconstruct insurance programs that were placed decades earlier and identify policies that may respond to environmental liabilities today.

For property owners, municipalities, and lenders evaluating environmental risk, locating lost insurance policies can provide important insight into the potential insurance resources available for a contaminated property.

Environmental Remediation Funding Through Historical Insurance

Environmental remediation frequently involves substantial costs, including site investigations, groundwater treatment systems, soil excavation, and long-term monitoring required by environmental regulators.

Occurrence-based historical liability insurance policies may provide environmental remediation funding for many of these expenses. Depending on the policy language and the law governing the claim, insurance coverage may apply to certain cleanup-related costs, property damage claims, legal defense expenses, and environmental settlements. For contaminated properties undergoing investigation or redevelopment, historical insurance coverage can become an important financial resource when evaluating how remediation work may be funded.

Environmental consultants, attorneys, and property owners often investigate historical insurance as part of a broader strategy for understanding environmental liability and potential funding resources.

Historical Insurance Recovery for Property Owners, Municipalities, and Financial Institutions

Environmental contamination can significantly affect property value, redevelopment plans, and financial risk. Historical insurance recovery can provide important financial resources for a wide range of stakeholders.

  • Property owners and developers may be able to use historical insurance coverage to support remediation efforts and facilitate redevelopment projects.
  • Dry cleaners and small businesses often face historic solvent releases that may be covered under historical liability policies.
  • Municipalities may have coverage for environmental exposure related to landfills, wastewater facilities, and firefighting foam use.
  • Environmental attorneys may rely on insurance archaeology to identify historical policies that may support environmental liability claims and related litigation.
  • Financial institutions may benefit from identifying insurance coverage that helps offset environmental remediation risks associated with contaminated properties.

PFAS Insurance Coverage and Funding for Groundwater Cleanup May Already Exist

Environmental contamination from PFAS groundwater impacts, historic dry-cleaning operations, or industrial pollution often originates decades in the past. Fortunately, the insurance policies issued during those same decades may still provide valuable financial protection.

For organizations facing environmental liability claims, historical insurance investigations may identify liability insurance policies that may support PFAS claims, groundwater cleanup, environmental remediation, contamination claims, and legal defense costs.

These policies can represent significant financial assets that may help support environmental cleanup and address long-tail environmental liabilities.

Explore Whether Historical Insurance Coverage Exists

If your organization is facing PFAS contamination, groundwater remediation obligations, or other environmental liability claims, historical insurance policies may provide a critical source of funding.

Organizations addressing environmental liabilities often begin by investigating whether historical insurance coverage exists for prior owners, operators, or historic operations at the site. Identifying these policies can help evaluate the financial resources that may be available for environmental remediation and legal defense.

PolicyFind assists clients with insurance archaeology and historical insurance recovery, helping locate and reconstruct historical occurrence-based liability insurance policies that may contribute to environmental cleanup funding and long-tail environmental liability claims.

Contact us to learn more about how historical insurance coverage may support your environmental liability matter.

Sexual Abuse and Molestation Litigation: How Historical Insurance Coverage May Fund Defense and Settlements

Insurance archaeology may help identify historical liability insurance that can support defense and settlement obligations in sexual abuse and molestation claims.

By: James Pawlish

Sexual abuse, assault, and molestation litigation has expanded rapidly in recent years as states reform statutes of limitation and open revival windows, allowing previously time-barred claims to move forward. These legal changes have created significant exposure for institutions such as schools, churches, youth organizations, healthcare providers, nonprofits, and municipalities. Allegations may involve conduct that occurred decades ago, and defending these claims can require substantial financial resources.

These developments have also driven a sharp increase in demand for insurance archaeology. Over the past several years, school districts, youth-based organizations, religious institutions, and municipalities across the country have engaged PolicyFind’s insurance archaeologists to locate historical liability policies that may respond to revived abuse claims.

Many attorneys and institutions are unaware that liability policies issued decades earlier may still provide coverage for defense and settlements today. When these policies are identified and reconstructed through insurance archaeology, they can represent critical financial resources that allow organizations to respond responsibly and compassionately to survivors while addressing complex litigation.

For institutions and counsel handling these matters, identifying historical insurance coverage can play an important role in evaluating what financial resources may be available.

Child Victims Acts and Revival Laws Are Driving New Litigation

One of the primary drivers behind the expansion of sexual abuse litigation is the passage of Child Victims Acts (CVAs) and similar statute-of-limitations reforms across the United States.

Historically, many survivors were unable to pursue civil claims because legal deadlines expired before they were prepared to come forward. In response, numerous states have enacted laws expanding statutes of limitation or opening revival windows that allow previously time-barred claims to proceed.

Several states have played particularly important roles in this legal shift.

New York Child Victims Act (2019)
New York opened a revival window that resulted in thousands of lawsuits involving abuse allegations dating back decades.

New Jersey Child Victims Act (2019)
New Jersey expanded its statute of limitations and opened a revival window that triggered substantial litigation.

Louisiana Child Victims Act (2021)
Louisiana created a revival window allowing survivors to file lawsuits regardless of when the abuse occurred. After legal challenges, the Louisiana Supreme Court upheld the law, and the revival window remains open through June 2027.

Maryland Child Victims Act (2023)
Maryland eliminated many restrictions on when survivors may file civil lawsuits. In February 2025, the Maryland Supreme Court upheld the law’s permanent revival window.

Additional legislative activity continues nationwide for civil child sexual abuse claims, while states such as Maine and Vermont have also opened lookback and revival windows. Because many of these lawsuits involve alleged conduct that occurred decades earlier, insurance policies issued during those same periods may now play a central role in addressing the claims.

Sexual Abuse and Molestation Litigation Is Expanding Nationwide

While early waves of sexual abuse litigation were concentrated in New York, New Jersey, and California, organizations nationwide are increasingly confronting historical abuse allegations and examining potential insurance assets that may respond to those claims.

Legislative reforms and evolving legal standards continue to reshape this area of liability nationwide, underscoring the importance of understanding historical insurance programs before claims arise.

These legislative developments can involve allegations tied to:

  • Schools and educational institutions
  • Churches and religious organizations
  • Youth organizations and camps
  • Sports programs and athletic associations
  • Healthcare providers
  • Nonprofit organizations
  • Municipalities and public institutions

In many cases, the alleged misconduct may have occurred decades earlier.

Why Investigating Historical Insurance Coverage is Key

Attorneys handling sexual abuse and molestation litigation on behalf of educational institutions, religious organizations, and nonprofit organizations are increasingly examining historical insurance coverage early in the matter. That’s because many claims involve alleged conduct that occurred decades earlier, and occurrence-based liability policies issued during those same periods may provide coverage for defense costs and settlements or identify financial resources that may help institutions respond to allegations involving earlier policy years.

For attorneys representing survivors, identifying insurance coverage may expand the financial resources available to resolve claims. For defense counsel, early insurance archeology may help identify historical policies before records become harder to locate, witnesses become unavailable, or coverage questions become more difficult to evaluate.

The best time to reconstruct an institution’s historical policies was 20 years ago. The next best time is today.

Sexual Abuse Insurance Coverage May Exist in Historical Liability Policies

Despite the age of many allegations, historical liability insurance policies may still provide coverage for these claims. In many cases, Commercial General Liability (CGL) policies issued decades ago did not contain the sexual abuse or molestation exclusions commonly found in later policies. Depending on the policy language and the facts of the claim, those earlier policies may respond to allegations involving conduct that occurred during the policy period.

Coverage under historical policies may include:

  • Defense costs related to litigation
  • Settlement payments
  • Indemnity obligations
  • Coverage across multiple policy years

Because many allegations involve conduct that allegedly occurred over extended periods, multiple insurance policies and policy years may be triggered.

Insurance Archaeology and Locating Historical Insurance Policies

Many organizations no longer have copies of their historical insurance policies.

Insurance documents may have been discarded, destroyed, or lost during leadership transitions, relocations, or simply through the passage of time.

Insurance archaeology is the specialized practice of locating and documenting evidence of historical insurance policies that may have been lost or destroyed. This work typically requires trained investigators who understand historical insurance markets, legacy policy forms, and the types of records that may contain indirect evidence of coverage.

PolicyFind’s investigations often begin with boots-on-the-ground research, reviewing archived records, storage files, and historical correspondence. Investigators also examine corporate records such as meeting minutes, accounting ledgers, and annual reports while cross-referencing findings with proprietary insurer databases and historical policy libraries. Even when original policies cannot be located, experienced insurance archaeologists can often identify secondary evidence that helps document the existence and terms of historical coverage.

Turning Evidence into a Clear Coverage Map

Once evidence of historical insurance coverage is located, organizing that information becomes equally important. Insurance archaeology investigations typically involve building detailed coverage maps that identify policy periods, insurers, and layers of coverage. This helps legal teams and insurers to evaluate how coverage may apply and helps institutions understand what financial resources may exist.

Explore Whether Historical Insurance Coverage Exists

Organizations facing sexual abuse or molestation claims may have insurance assets that are no longer visible in their records. Investigating historical insurance coverage can help determine whether liability policies issued decades earlier may respond to current claims.

PolicyFind assists attorneys and organizations with insurance archaeology, helping locate and reconstruct legacy insurance policies that may fund defense and settlements related to sexual abuse litigation. Through decades of investigations, PolicyFind has helped institutions uncover long-lost coverage that allows them to respond to difficult situations with integrity and compassion.

Our team conducts confidential insurance archaeology investigations to identify lost or destroyed liability policies that may respond to claims involving conduct alleged to have occurred decades earlier.

Contact PolicyFind to discuss whether historical liability insurance coverage may exist for sexual abuse or molestation claims involving conduct alleged to have occurred decades earlier.

Building a Complete Historical Liability Insurance Coverage Program

By: James Pawlish

An organization’s most valuable insurance coverage is often decades old. Policies issued many years ago frequently respond to liabilities that surface long after the underlying events occurred. Environmental contamination, asbestos and talc exposure, latent injury claims, and sexual abuse claims often arise decades after the alleged conduct.

What Counsel and Risk Managers Should Preserve Today for Legacy Claims

For corporations, small businesses, and educational institutions alike, historical policies can represent a significant financial asset. The challenge is that when long-tail claims emerge, the documentation needed to prove coverage may no longer be organized, accessible, or even known to exist.

This is where insurance archaeology becomes critical.

Insurance archaeology involves reconstructing an organization’s historical insurance program and identifying coverage that may respond to long-tail liabilities. Through historical insurance research, organizations can locate and piece together old insurance policies that may provide coverage for claims arising today.

For counsel, risk managers, brokers, insurance agencies, and business owners, building a complete insurance file today helps ensure that claims are not met with missing documentation.

Insurance Archaeology for Long-Tail Liability and Legacy Claims

Many liability claims develop slowly or remain undiscovered for years.

Environmental contamination may not be discovered until a property is sold or redeveloped. Asbestos, talc, or silica exposure claims can surface decades after initial exposure. Allegations involving sexual abuse or other misconduct may emerge years later, particularly as states expand statutes of limitation.

In these situations, old insurance policies are often the policies that respond.

Many liability policies issued before the mid-1980s were written with broader coverage language than policies issued later. Those earlier policies may provide coverage for long-tail liabilities such as environmental contamination, toxic tort claims, or latent injury exposures.

At the same time, coverage is not limited only to policies issued before the mid-1980s. The availability of coverage ultimately depends on the specific policy language and the law governing its interpretation.

In some jurisdictions, courts have ruled that ambiguous insurance policy language must be interpreted in favor of the policyholder. Indiana courts, for example, have repeatedly applied this principle. In American States Insurance Co. v. Kiger (Ind. 1996), the Indiana Supreme Court held that a pollution exclusion was ambiguous as applied to gasoline contamination and interpreted the policy in favor of the insured.

As a result, policies issued across multiple decades may still provide coverage depending on the specific policy language and how courts interpret it.

For counsel and risk managers, this reinforces that understanding and preserving an organization’s insurance history can have significant financial implications when long-tail liabilities emerge.

Insurance Archaeology and Historical Liability Insurance Research Start with Organized Insurance Records

When organizations face legacy liability claims, the first step is often insurance history reconstruction. This process focuses on understanding what insurance coverage existed, how programs evolved, and which policies may respond to current claims.

The challenge is that insurance programs often span multiple decades, carriers, brokers, and corporate structures.

Companies merge, business units are sold, administrators retire, and institutional knowledge disappears. Over time, organizations may lose visibility into the insurance coverage they once maintained.

Maintaining organized insurance records helps prevent the loss of institutional knowledge.

Rather than attempting to rebuild decades of insurance history under the pressure of litigation, organizations that maintain and organize their insurance documentation create a foundation that makes locating lost insurance policies far more effective when claims arise.

For legal and risk professionals, organized insurance records are not simply administrative files. They are the starting point for effective historical insurance research and future insurance recovery.

 Insurance History Reconstruction During Organizational Change

Moments of transition are when insurance history is most likely to become fragmented.

Corporate mergers, acquisitions, divestitures, leadership changes, and administrative restructuring can all separate historical insurance documentation from the liabilities it may ultimately cover.

Educational institutions face similar challenges as administrators change, campuses expand, and records move between departments or archives.

For corporate counsel and M&A attorneys, preserving historical insurance information should be treated as part of responsible risk management during organizational transitions.

When institutions maintain continuity in their insurance records, they significantly improve their ability to conduct historical insurance research years later if legacy claims arise.

Why Build an Insurance File Before a Long-Tail Claim Exists

Most organizations begin thinking about insurance archaeology only after a claim has already emerged. By that point, legal teams are often working under litigation deadlines while trying to reconstruct insurance history that may span several decades.

A proactive approach changes that dynamic.

When organizations organize and maintain their insurance history before a claim arises, future historical insurance research becomes significantly more efficient. Counsel and risk managers can move quickly to evaluate potential coverage rather than spending valuable time determining whether policies existed at all.

One practical way organizations begin this process is through a structured insurance policy audit. By reviewing available policies, insurance schedules, broker records, and historical coverage summaries, counsel and risk managers can identify gaps in documentation and determine whether portions of the organization’s insurance history may need to be reconstructed. Conducting this type of review before a claim arises helps organizations understand the scope of their historical coverage and ensures that important records are preserved for future insurance archaeology and historical insurance research.

This preparation is particularly important for organizations that may face long-tail liability exposure, including environmental claims, latent injury litigation, asbestos or talc claims, and sexual abuse allegations tied to past operations.

For corporate legal departments, educational institutions, and risk management teams, maintaining organized insurance records is a practical step that protects access to coverage that may be needed years in the future.

Protect Your Insurance History Before It’s Needed

The insurance policies that respond to tomorrow’s claims may already exist in your organization’s history.

Ensuring that those policies can be identified, reconstructed, and accessed requires a clear understanding of your historical insurance program.

PolicyFind helps organizations uncover and reconstruct insurance history through insurance archaeology, historical insurance research, and locating lost insurance policies. The PolicyFind team works with counsel, risk managers, and brokers to identify historical coverage that may support future insurance recovery efforts.

If your organization faces potential long-tail liabilities, now is the time to ensure your insurance history is preserved and understood.

Contact PolicyFind to learn how insurance archaeology can help uncover historical coverage and support future claims.

Wisconsin’s $133 Million PFAS Funding Signals the Need for Historical Insurance Coverage

By: Kristen Drake

As PFAS contamination funding expands, historical liability insurance may play a critical role in funding cleanup, defense, and environmental claims.

Wisconsin is beginning to move real dollars toward PFAS contamination cleanup and environmental response efforts. Lawmakers have advanced a $133 million funding measure following years of stalled efforts, marking a bipartisan breakthrough on how to address the issue (Associated Press).

The funding is intended to support communities dealing with long-running PFAS impacts, including areas where contaminated private wells have forced residents to rely on bottled water.

As Clean Wisconsin’s Government Affairs Director Erik Kanter noted, the legislation reflects “years of work toward compromise.” He also described PFAS contamination as “a widespread, costly public health and environmental crisis” affecting everyone from consumers to farmers and manufacturers.

For organizations and municipalities facing PFAS-related liabilities, the significance goes beyond this funding package. PFAS contamination is systemic, long-tail, and tied to complex questions of liability, insurance coverage, and funding.

Funding Is Only the Starting Point for PFAS Liability and Recovery

Legislative funding is an important step. But for many communities and organizations, it is unlikely to be enough. PFAS contamination rarely stems from a single source or a single moment in time. That complexity is often tied to:

  • Historical operations that are no longer active
  • Companies that have merged, dissolved, or changed names
  • Practices that were standard at the time but are now heavily scrutinized
  • Regulatory frameworks that did not exist when the contamination occurred

Public funding may help address immediate needs, but it does not answer the bigger question: who ultimately bears the cost of decades of contamination, including environmental cleanup costs, third-party claims, and regulatory compliance obligations?

As investigations expand and more parties are identified, that question becomes harder to ignore. This is often where the focus shifts from funding to recovery.

Because if liability reaches back in time, the potential sources of funding often do as well.

Why PFAS Contamination Creates Long-Tail Liability

PFAS claims are complex because they are tied to historical conduct, and they are typically the result of repeated use, disposal, and migration over extended periods of time. Releases were not always known or understood when they happened, and contamination can migrate through soil and groundwater long after operations ceased.

As a result, today’s PFAS contamination claims and environmental lawsuits often date back to operations that took place 20, 30, or even 50 years ago. That kind of timeline creates real challenges. Records are incomplete. Entities have changed or no longer exist. Key facts must be reconstructed.

But it also changes the financial landscape. Because when liability reaches back in time, it expands exposure, as well as the potential sources of recovery. Insurance programs in place during those earlier decades were often broader in scope and may respond to claims being asserted today.

Those policies are rarely easy to locate or prove. But once identified, they can represent a critical funding source tied directly to the time at which the liability arose.

The Overlooked Resource: Historical Liability Insurance Coverage for PFAS Claims

One of the most underutilized sources of funding in PFAS matters is historical liability insurance coverage. Many organizations assume coverage is unavailable because too much time has passed or because policies cannot be readily located. In practice, those assumptions are often incorrect.

General liability policies issued decades ago may still respond to PFAS-related environmental claims, contamination lawsuits, and property damage or bodily injury allegations today, particularly where the policy language predates modern pollution exclusions. These policies were designed to cover everyday business risks, including slip-and-fall incidents, as well as property damage and bodily injury arising from operations. PFAS claims often fit within that same framework.

When identified and reconstructed through insurance archaeology, these policies can provide meaningful financial support for defense costs, environmental investigation, and remediation efforts. For many organizations, this is a funding source that already exists but has not yet been fully explored.

In particular, commercial general liability (CGL) insurance policies issued prior to 1986 are often key to PFAS-related recovery efforts. Three features of those policies are especially important:

  1. Occurrence-Based Coverage
    Older CGL policies are typically written on an occurrence basis, meaning they respond to property damage that takes place during the policy period, even if the claim is not brought until decades later.

For PFAS, where contamination may have occurred in the 1960s, 1970s, or 1980s but is only now being discovered, those historical policy years may still be triggered.

  1. Absence of the Absolute Pollution Exclusion
    CGL policies issued before 1985/1986 generally do not contain the absolute pollution exclusion that appears in later forms.

As a result, these earlier policies may provide coverage for environmental liabilities, including investigation, cleanup, and defense costs, that would be excluded under more modern policy language.

  1. Coverage Does Not Expire
    Liability policies do not lose their applicability simply because time has passed. If coverage was triggered during the policy period, the right to access that coverage remains.

PFAS claims do not change that principle. If the damage occurred during a covered period, those policies may still respond today.

What This Means for PFAS Claims, Environmental Liability, and Insurance Coverage Strategy

The Wisconsin legislation signals a more concrete response to the scale of PFAS exposure. But public funding alone will not resolve the issue.

For organizations facing potential PFAS liability, environmental exposure, or regulatory enforcement, the strategy cannot stop at grants or appropriations. It requires a broader investigation into all available financial resources. That includes historical insurance. Organizations that take this approach are better positioned to fund investigation, cleanup, and compliance efforts.

In PFAS matters, coverage strategy is not secondary. It is part of the response.

A Shift in How PFAS Liabilities and Environmental Claims Are Funded

PFAS is not just an environmental issue. It is a long-tail liability problem that intersects with insurance coverage.

As funding expands and investigation moves forward, more organizations and municipalities are going to find themselves pulled into the question of who is responsible for contamination tied to historical operations.

Historical liability insurance programs were put in place years ago to respond to exactly this type of risk. When those policies are located and reconstructed through insurance archaeology, they can become a meaningful source of funding tied directly to the time when the liability arose.

If you are evaluating PFAS exposure, environmental contamination claims, or historical liability insurance coverage, it is worth understanding what insurance assets may still be available. For questions or more information, please contact us.

Sex Trafficking Litigation Is Expanding Nationwide: Why Historical Insurance Coverage Matters

By James Pawlish

Insurance archaeology may help fund defense and settlements in sex trafficking claims.

The Rise of Civil Sex Trafficking Litigation Under the TVPRA

Human trafficking—particularly sex trafficking—has become one of the fastest-growing areas of civil litigation in the United States. A significant driver of this trend is the Trafficking Victims Protection Reauthorization Act (TVPRA), which allows survivors of human trafficking to pursue civil damages against those responsible for their exploitation.

Originally enacted by Congress to provide criminal enforcement mechanisms, the statute was later expanded to allow victims to pursue civil claims against individuals and entities that benefit from trafficking activity.

Under 18 U.S.C. § 1595(a), survivors may bring civil actions not only against the perpetrators themselves, but also against any entity that:

knowingly benefits, financially or otherwise, from participation in a venture that the entity knew or should have known engaged in human trafficking.

This language dramatically expanded the scope of potential defendants.

In recent years, survivors have increasingly filed lawsuits against hotels, motels, and hospitality companies that allegedly profited from sex trafficking occurring on their premises.

These lawsuits have created substantial exposure for the hospitality industry and, in turn, significant coverage disputes within the insurance industry.

Hotels and Motels Are Frequently Named as “Direct Beneficiary” Defendants

A large portion of modern TVPRA civil lawsuits involves claims against hotel operators, franchise systems, and property owners.

The allegations commonly assert that:

  • Traffickers rented hotel rooms where victims were sold for commercial sex
  • Hotel employees ignored the obvious warning signs of trafficking
  • Management failed to intervene despite repeated suspicious activity
  • The hotel financially benefited from room rentals connected to trafficking activity

Many complaints also contain disturbing allegations that victims were physically abused, threatened, or held captive within hotel rooms.

Because of these allegations, the litigation often includes claims involving:

  • Physical injury
  • Emotional trauma
  • False imprisonment or detention
  • Negligent failure to prevent trafficking activity

For insurers and insureds alike, these allegations create complex coverage questions under Commercial General Liability (CGL) policies.

Why Sex Trafficking Claims Trigger Insurance Coverage Disputes

The surge in TVPRA lawsuits has created significant litigation involving insurance coverage for sex trafficking claims.

Hotels facing trafficking lawsuits frequently tender these claims to their insurers under Commercial General Liability policies. The key coverage questions often center on whether the complaint alleges:

  • “Bodily injury” caused by an “occurrence”, or
  • “Personal and advertising injury,”such as false arrest, detention, or imprisonment.

Because the TVPRA allows liability where a defendant “should have known” trafficking was occurring, courts sometimes conclude that the alleged harm may be considered accidental from the insured’s perspective.

This interpretation has led many courts to hold that insurers may have a duty to defend hotels or other insured entities against trafficking lawsuits.

Additionally, when complaints allege that victims were confined or held captive, courts have sometimes concluded that the claims potentially implicate coverage for false imprisonment or detention under personal injury provisions.

As a result, insurers have faced substantial defense costs and potential indemnity exposure in TVPRA litigation.

Abuse and Molestation Exclusions Often Become the Central Coverage Issue

Many Commercial General Liability policies contain abuse or molestation exclusions, which insurers frequently rely on when denying coverage for sex trafficking lawsuits.

However, the effectiveness of these exclusions often depends on how the policy language is drafted.

Some exclusions apply only when the victim was in the care, custody, or control” of the insured. In hotel trafficking cases, courts have frequently determined that trafficking victims were not under the hotel’s supervision or custody.

Because of this, courts have sometimes ruled that abuse exclusions do not automatically bar coverage in TVPRA lawsuits.

For example, in Starr Indemnity & Liability Co. v. Choice Hotels International, a federal court concluded that certain abuse exclusions did not eliminate coverage for trafficking claims because the victim was not in the hotel’s care or control. Similarly, in Millers Capital Insurance Co. v. Vasant, the court determined that the exclusion did not apply where the hotel lacked custodial responsibility over the victim.

These decisions demonstrate how policy wording can significantly influence the outcome of insurance coverage disputes in sex trafficking litigation.

Insurers Are Revising Policy Language to Address Sex Trafficking Exposure

As trafficking litigation has expanded, insurers have increasingly revised their policies to address potential exposure.

Newer policies often contain broader sexual abuse or exploitation exclusions, which may apply to claims “directly or indirectly resulting from” abuse or exploitation or those that “in any way involve” such conduct.

Some policies now explicitly reference sexual exploitation, abuse, or trafficking-related activity within exclusion language.

Courts analyzing these broader exclusions are more likely to conclude that insurers have no duty to defend or indemnify insured entities in trafficking lawsuits.

In addition, some insurers have argued that providing insurance coverage for entities that allegedly benefited from human trafficking violates public policy, creating further legal disputes in coverage litigation.

Why Historical Insurance Policies May Still Provide Coverage

Despite evolving policy language, many trafficking allegations involve conduct that allegedly occurred years or even decades earlier.

During earlier periods, many Commercial General Liability policies did not include the broad abuse exclusions that exist in modern policies.

Because of this, historical liability policies may still provide coverage for:

  • Legal defense costs
  • Settlement payments
  • Indemnity obligations
  • Claims spanning multiple policy years

Sex trafficking allegations often involve extended periods of conduct, which can trigger coverage under multiple insurance policies across several policy periods.

For attorneys and organizations involved in trafficking litigation, identifying historical insurance coverage may therefore play an important role in evaluating potential financial resources.

The Role of Insurance Archaeology in Sex Trafficking Litigation

One major challenge in coverage investigations is that many organizations no longer possess copies of their historical insurance policies.

Over time, policies may have been lost due to:

  • Mergers or acquisitions
  • Corporate restructuring
  • Relocations
  • Document destruction policies
  • Simple passage of time

Insurance archaeology is the specialized process of locating and reconstructing lost or destroyed insurance policies through historical research and secondary documentation.

Even when original policies cannot be located, experienced investigators can often identify secondary evidence demonstrating the existence and terms of coverage.

Why Attorneys Investigate Insurance Coverage Early in TVPRA Cases

As sex trafficking litigation under the TVPRA continues to grow, attorneys increasingly examine historical insurance coverage as part of their litigation strategy.

Identifying historical policies may help fund:

  • Defense costs
  • Settlement negotiations
  • Mediation and claim resolution
  • Allocation among multiple insurers

For survivors pursuing civil remedies, insurance coverage can expand the financial resources available to resolve claims.

For institutions facing allegations, historical coverage may provide critical support in managing litigation exposure.

Investigating Historical Insurance Coverage in Sex Trafficking Cases

Organizations involved in sex trafficking litigation may possess insurance assets that are no longer visible in their records.

Investigating historical insurance coverage can help determine whether liability policies issued decades earlier may respond to modern trafficking claims.

PolicyFind assists attorneys, risk professionals, and institutions with insurance archaeology investigations, helping locate and reconstruct lost liability policies that may fund defense and settlements in complex litigation.

If you are handling litigation involving TVPRA claims, hotel liability, or sex trafficking allegations, identifying historical insurance coverage may be a critical step in understanding the financial landscape of the case.

PolicyFind conducts confidential insurance archaeology investigations to locate and reconstruct historical liability policies that may respond to claims involving alleged conduct from decades earlier. Contact us today.

The 10 Most Common Mistakes Organizations Make When Searching for Historical Liability Insurance

By Kristen Drake

It usually starts with a familiar sentence: “We don’t think those policies still exist.”

Organizations facing legacy claims exposure say it with confidence. A lawsuit appears, an environmental issue resurfaces, or a historical sexual abuse claim emerges, and the assumption is that older insurance coverage is missing or unrecoverable. In many cases, that assumption is wrong.

Finding old insurance policies is one of the most important and most misunderstood steps in managing long-tail liabilities and legacy claims. With the right plan, organizations can often reconstruct historical coverage tied to claims they assumed would be uninsured.

Below are the 10 most common mistakes organizations make when searching for historical insurance coverage, along with how to avoid them.

1. Assuming Missing Policies Mean Missing Coverage

One of the most damaging mistakes is assuming that missing policies mean coverage no longer exists. In historical liability insurance matters, policies are often proven through secondary documentation. Dismissing missing policies too early can leave substantial coverage untapped.

2. Limiting the Search to Current Insurance Records

Historical insurance coverage rarely lives in one department. Former brokers, archived correspondence, and off-site storage often hold critical evidence of insurance. Organizations that only review current insurance files frequently miss older coverage entirely.

3. Failing to Reconstruct Organizational History

Insurance archaeology requires understanding corporate history. Mergers, acquisitions, divestitures, name changes, and leadership transitions all affect how insurance was purchased and where records may exist. Reconstructing this history is essential to reconstruct historical coverage accurately.

4. Looking Only for Complete Policy Documents

Many organizations believe they must locate a full policy to trigger coverage. In practice, partial documentation may be sufficient to establish coverage. Certificates, premium invoices, policy schedules, and broker correspondence may be sufficient to support recovery for missing policies.

5. Not Understanding What Evidence of Insurance Matters

Not all documents carry the same weight. Without knowing what insurers typically accept as proof of historical liability insurance, organizations may discard valuable records or focus on documents that do not advance recovery. Knowing which evidence matters is critical to successful insurance archaeology.

6. Conducting an Unstructured Policy Search

An unplanned search wastes time and resources. Effective insurance archaeology relies on a structured methodology that prioritizes the most productive sources, documents results consistently, and creates a defensible record of due diligence. This structure is especially important when attempting to find old insurance policies tied to legacy claims exposure.

7. Waiting Until Litigation or Regulatory Action Begins

Waiting until a claim is already underway limits options. Early identification of historical liability insurance strengthens negotiating leverage, informs defense strategy, and helps control costs before disputes escalate. Pre-claim policy recovery is often far more effective than reactive searches.

8. Failing to Preserve and Organize Search Results

Even when evidence of insurance is found, poor organization can undermine its value. Search results should be preserved, indexed, and clearly documented so coverage can be efficiently accessed when claims arise. Disorganized records often delay or weaken recovery efforts.

9. Overlooking Pre-1986 CGL Policies

Many long-tail liabilities are triggered by pre-1986 Commercial General Liability (CGL) policies, which often provide broader coverage than modern forms. Organizations focused only on current insurance programs frequently overlook historical liability insurance that remains available for environmental claims, sexual abuse claims, and asbestos, talc, or silica exposure matters.

10. Trying to Handle Insurance Archaeology Internally

Most internal teams are not equipped to conduct a comprehensive historical insurance search while managing day-to-day responsibilities. Insurance archaeology requires specialized experience, persistence, and familiarity with insurer expectations. That expertise often determines whether coverage is partially recovered or fully realized. 

How PolicyFind Helps Organizations Recover Historical Insurance Coverage

Insurance archaeology plays a critical role in managing historical liability insurance tied to legacy claims exposure. With the right approach, organizations can often find old insurance policies, document evidence of insurance, and reconstruct historical coverage that meaningfully reduces financial risk.

PolicyFind works with organizations to identify, document, and recover historical insurance coverage, including pre-1986 CGL policies that are frequently overlooked but highly valuable. Our process is structured, defensible, and designed to support recovery before claims escalate.

If your organization is facing legacy liabilities or unresolved insurance questions, an early conversation can clarify what coverage may still be available and what next steps make sense.

Contact PolicyFind to learn how proactive Insurance Archaeology can help your organization locate historical policies and unlock funding for current and future liabilities.

Hidden Coverage Assets: Why Every Organization Should Audit Its Historical Liability Insurance in 2026

By Samantha DeElorrieta

Many organizations are sitting on valuable assets they do not realize they have. Historical liability insurance, including decades old general liability coverage, can protect organizations from legacy claims exposure that surfaces long after operations or policies have changed. In 2026, auditing your historical insurance is not just good housekeeping. It is a practical risk management step that can save time, money, and stress when it matters most.

What Is a Historical Insurance Audit and How Insurance Archaeology Fits In?

A historical insurance audit involves reviewing legacy records such as insurance files, accounting documents, and board or committee meeting minutes to determine what insurance coverage an organization carried and when.

During an audit, it is important to identify and document the following information whenever possible:

  • Insurance carrier
  • Policy period
  • Type of coverage, including general liability, umbrella, or excess
  • Whether the policy was occurrence-based or claims-made
  • Any self-insured retention limits, sometimes listed as deductibles on older policies
  • Occurrence limits and aggregate limits

For most organizations, the primary focus should be on historical general liability policies. Depending on operations and risk profile, some organizations should also review historical workers’ compensation coverage.

Why Historical Coverage Still Matters

General liability and workers’ compensation policies in many states can respond to long-tail claims. These are claims made years, or even decades, after the policy period has ended. In these situations, the policy in effect at the time of the alleged incident, not when the claim is filed, determines coverage.

As a result, insurance policies from the 1960s, 1970s, or 1990s may still be highly relevant today.

Why Audit Now?

The short answer is simple. For organizations with potential legacy claims exposure, understanding historical liability insurance before litigation begins is a strategic advantage, not an administrative task.

Auditing your historical insurance now allows you to clearly understand both what coverage exists and where potential gaps may be.

Understand limits and financial exposure
Knowing historical policy limits and self-insured retentions allows organizations to plan accordingly. Many discover that older policies carried limits of $50,000 or $500,000. Others learn they had a $250,000 self-insured retention, meaning the organization is responsible for that amount before insurance responds.

Identify liquidated or insolvent carriers
Some insurance companies are no longer in business. If a carrier that insured your organization decades ago has since been liquidated, there may be no coverage available for that period. Identifying this early avoids surprises later.

Clarify what exists
Some organizations have complete policies going back 50 years. Others find only references to insurance carriers in meeting minutes, with no policy details. In some cases, entire periods of coverage history are missing. Knowing exactly what you have and what you do not is essential, and too often overlooked until it is too late.

Address gaps proactively
Once gaps are identified, insurance archaeology can assist with locating lost policies, reconstructing coverage, and filling in missing years using secondary evidence.

The Litigation Reality

Organizations of all sizes are increasingly facing lawsuits tied to alleged incidents that occurred many years ago. Public companies, family-owned businesses, large churches, and congregations of ten people alike have been impacted.

When litigation arises, organizations are already managing attorneys, court deadlines, depositions, and document production. Searching for decades-old insurance records at the same time adds unnecessary stress and risk.

In addition, many policies include late notice provisions. If an insurer is not notified of a claim within the required timeframe, coverage can be denied. Knowing your historical carriers and policy years allows for prompt, accurate notice and helps avoid preventable coverage disputes.

The Bottom Line

A historical liability insurance audit is not about the past. It is about protecting your organization’s future.

By understanding your historical coverage now, you reduce uncertainty, strengthen your risk position, and place your organization in a far better position if a claim ever arises. In 2026, this is one of the most practical and proactive risk management steps an organization can take.

Take the Next Step

If your organization has not reviewed its historical insurance coverage recently, now is the time to start.

A preliminary audit can often be completed using records you already have on hand and can quickly identify strengths, gaps, and potential exposure. From there, you can determine whether deeper insurance archaeology support makes sense for your organization.

If you would like to discuss how a historical insurance audit could benefit your organization, contact PolicyFind. We are happy to help you evaluate your records and outline clear next steps.

Turning Discovery Into Dollars: Real-World Results of Insurance Archaeology

By Kristen Drake

Exploring the fascinating world of insurance archaeology.

Introduction: Why It Still Matters

For many dry cleaners, the topic of environmental cleanup feels distant, something to think about only when regulators come knocking. But as many in our industry have learned, what happened decades ago can resurface today in the form of environmental investigations or cleanup requirements. The good news? There’s often funding available for those challenges, hidden in plain sight within old insurance policies.

That’s where Insurance Archaeology comes in. Officially, it’s “the practice of locating and retrieving the proof of the existence, terms, conditions, and limits of lost or destroyed insurance policies.” At PolicyFind, we liken it to genealogy with an insurance twist. By uncovering evidence of coverage purchased long ago, we help business and property owners unlock funding that still applies today.

From the Early Days to Real Results

PolicyFind was originally founded to serve dry cleaners. Over twenty years ago, our CEO, Steve Henshaw, well known to readers of this publication, assembled a team of investigators, geologists, and engineers to pair two ideas that didn’t usually meet: cleaning up contaminated properties and finding insurance coverage to pay for it. The goal was simple: turn liabilities into assets.

Many dry cleaners we work with fall into one of three categories:

  1. They worry their property may be contaminated due to older operations.
  2. They know contamination exists, but have delayed action because of cost.
  3. They aren’t required to address it yet, so they’ve set it aside.

If any of those sound familiar, this article is for you. Insurance archeology is not only for those already in cleanup; it can and should be done early to protect your investment and ensure resources are available when needed.

Understanding the Value of Old Policies

Steve Henshaw was among the first to recognize how valuable historical general liability policies could be. These occurrence-based policies never expire. They cover damage that occurred during the time the policy was in effect, regardless of when a claim is made. When leveraged properly, these old policies can fund environmental investigation, remediation, and even legal defense.

The most significant coverage is usually found in policies issued before 1986, the point at which the Absolute Pollution Exclusion became common. In practical terms, that means insurance written before the mid-1980s can still respond to contamination discovered today.

From Hidden Policies to Real Cleanup

Locating these policies is part detective work and part documentation recovery. PolicyFind researchers interview former employees and agents, dig through archives, and trace the paper trails left behind by mergers, transfers, and renewals. We then work with coverage counsel to use that evidence to place insurers on notice and pursue recovery.

This process has helped our clients fund millions of dollars in cleanup costs and defend against regulatory claims without draining business or personal finances. Here are just a few examples.

A Family Cleaner Avoids $600,000 in Cleanup Costs

A family-run dry cleaner in Wisconsin discovered PCE contamination beneath their facility. The state’s Dry Cleaner Fund initially helped, but $600,000 in additional costs remained. PolicyFind located historical liability insurance that had been forgotten for decades. Once the evidence was submitted, the insurer assumed the costs and cleanup continued without interruption, protecting both the property and the family’s financial future.

California Cleaner Uncovers Forgotten Coverage

A retired dry cleaner in Chico, California, faced cleanup demands from the state environmental authority related to historical contamination. PolicyFind conducted targeted insurance archaeology and located general liability coverage from the 1981 policy period. That discovery provided the foundation for the insurer’s defense and coverage obligations, sparing the client significant personal expense.

Historic Policies Fund $2 Million Cleanup Effort

In another case, a dry cleaner retained PolicyFind and coverage counsel after the State of California linked the operation to groundwater contamination. Through comprehensive insurance archaeology, our team located four years of historical liability coverage, forming the legal and financial foundation for a $2 million environmental investigation. The work defined contamination stretching more than a mile and a half long and over 400 feet deep. Thanks to PolicyFind’s efforts, the dry cleaner avoided out-of-pocket costs, and the insurer continues to fund the ongoing response.

Turning a Liability into a Property Sale

In Indiana, a dry-cleaning business preparing to sell its property learned that contamination might delay or derail the sale. PolicyFind reconstructed the company’s insurance history and helped coverage counsel work with multiple carriers. The settlements exceeded the cost of cleanup, allowing the sale to proceed smoothly. What began as a liability ended as a successful transaction.

Coverage That Keeps a Community Moving Forward

A Midwestern city faced redevelopment challenges at a former plating facility contaminated with hexavalent chromium. PolicyFind uncovered historic coverage tied to a bankrupt former operator. That discovery provided the legal and financial basis for the city to pursue cost recovery. With funding in place, cleanup and redevelopment are now underway, bringing new jobs and community revitalization.

Beyond Dry Cleaning: Industrial and Municipal Success

While PolicyFind was built for drycleaners, insurance archaeology has proven valuable across many sectors. We’ve helped municipal sewer districts pursue recovery for PCB contamination, manufacturers address solvent releases, and national corporations recover millions through policy buybacks. In every case, the principle remains the same: old insurance is an asset that still pays today. These recoveries reduce public spending, accelerate redevelopment, and preserve business and property value.

City of Lodi Strengthens Brownfield Recovery Through Insurance Archaeology

In 2003, the City of Lodi, California, turned to PolicyFind after previous consultants failed to locate evidence of coverage for a contaminated Brownfield site. Our team conducted advanced insurance archaeology, combining corporate history analysis with targeted archival research. The investigation uncovered additional evidence of historical liability insurance tied to companies identified as Potentially Responsible Parties (PRPs). These findings expanded the City’s funding options and strengthened its ability to pursue cost recovery for site remediation and redevelopment.

How Insurance Archaeology Works in Practice

PolicyFind’s process blends investigation and strategy. We start by reconstructing the operational and insurance history of a site. Our team tracks down potential carriers, brokers, and archived files, then develops a coverage evidence log that documents each policy year. Once verified, this documentation supports claim submission and negotiation.

Because there is no central database for old insurance records, our work often involves on-site reviews, state archives, and historical corporate research. These efforts regularly uncover the key to millions of dollars in cleanup funding.

Key Takeaway: Your Past Still Has Value

If the earlier version of this article introduced the why behind insurance archeology, this updated piece shows the how. Historical insurance recovery is no longer an abstract concept; it’s a proven, practical tool for protecting businesses and communities.

Old policies may be buried in boxes, stored in basements, or long forgotten, but they still hold real value. With the right expertise and a focused insurance archeology investigation, those policies can transform yesterday’s coverage into today’s solution, helping dry cleaners, property owners, and municipalities protect what matters most.

This article was first published in Cleaner & Launderer, who is committed to sharing solutions that help the industry thrive. This article was written to remind dry cleaners and business owners that the past can pay forward, and that the right approach to environmental responsibility can strengthen both community and business for years to come.

Ready to uncover coverage that still protects you today?
Contact PolicyFind to learn how insurance archaeology can help fund your environmental cleanup or strengthen your property’s value.

Why Finding Old Insurance Policies Now Can Protect You From Future Claims

By: Dru Carlisle

Understanding why finding old insurance policies now can protect you from future claims is crucial. This proactive measure can help you avoid potential financial challenges later.

In an era of expanding liability exposures, whether from newly reopened statutes of limitation (for example, the Child Victims Act in various states), environmental contamination liabilities, or emerging toxic-tort risks, one often overlooked asset for organizations is their historical liability insurance. Understanding the importance of finding old insurance policies can inform you about how they protect you against future claims. Firms that operated decades ago may have general liability (GL) or excess policies that remain unused simply because they’re lost, forgotten, or inadequately documented. That’s where Insurance Archeology comes in.

At its core, Insurance Archeology involves researching, reconstructing, and retrieving historical insurance policies (and/or evidence of coverage) that may provide defense costs or indemnity for exposures that are only now surfacing. These hidden coverage assets can be worth millions of dollars in defense or indemnity.

Why Now Is the Time to Act 

Several trends make the proactive retrieval of old insurance policies more important than ever:

  • Statutory and legislative changes: Laws like the Child Victims Act open up new potential for claims that relate to decades-old conduct, meaning organizations need coverage that spans far back in time. Finding old policies now can safeguard you against such future claims.
  • Environmental and contamination liabilities: Many historical operations (dry-cleaning, manufacturing, waste-handling) may have caused latent environmental damage. Since many GL policies from earlier eras did not contain absolute pollution exclusions, older policies may still respond.
  • Litigation sophistication & defense cost escalation: As litigation grows more complex and regulatory demands become more aggressive, having historical insurance as a defense or cost-sharing vehicle becomes a competitive necessity. 
  • Corporate change, mergers & acquisitions: When companies change hands, merge, or restructure, the insurance trail often gets broken. Without proactive search, coverage can go missing just when it’s needed most.  

The Cost of Waiting to Find Old Insurance Policies

If you wait until a claim is filed or litigation is already underway, you risk several barriers, such as being unable to find old policies that could have protected you from future claims.

  • Late notice issues: Carriers may deny coverage if they believe notice was delayed, or that insufficient proof exists of historical policy terms.
  • Lost or purged records: Older files may have been purged, destroyed, or discarded, making retrieval far more difficult (and expensive) after the fact. 
  • Gaps in coverage reconstruction: If you haven’t proactively reconstructed your historic insurance program, you may not know which years or carriers to search, limiting your ability to match policies to exposures. 
  • Reduced leverage: Without evidence of older policies, policyholders may find themselves with fewer options for defense cost sharing or indemnity and may face full exposure to liability themselves. 

Why Engage PolicyFind Proactively 

Working with PolicyFind before a claim arises provides key advantages:

  • Comprehensive search & reconstruction: We use proprietary libraries, historic archives, and other investigative techniques to uncover evidence of coverage.  
  • Strategic timing: By locating policies before a claim or litigation arises, you preserve your ability to engage carriers, give timely notices if required, and better legal defense strategies. Finding these old policies now is key to protection from future claims.
  • Cost control: Historical policies often provide funding for defense costs, investigations, and remediation, potentially saving large dollars for your organization or you personally.  
  • Improved risk-management: Having visibility into your full historic insurance portfolio positions your organization to anticipate and manage long-tail liabilities, rather than reacting under pressure. 

A Practical Checklist 

  1. Assemble your historical footprint: Identify the years your business operated (or the years previous owners operated), locations, mergers, and acquisitions that took place through corporate history, etc. Knowing how finding old policies can help protect from future claims, prioritize these actions. 
  2. Engage an Insurance Archeology specialist: Partner with PolicyFind who has expertise in reconstructing insurance programs. 
  3. Secure and coordinate coverage evidence: Once policies or evidence of them are located, work with your insurance archeologist to document and catalogue your insurance history. 
  4. Understand your defense strategy: Work with counsel and your Insurance Archeologist to make timely notice to carriers. 
  5. Retrospective review: Periodically revisit your historic program because new exposures, new statutes, or new claims may emerge even years later. 

The Insurance Archeology Bottom Line

In today’s environment, historical insurance is not just an archival “nice-to-have.” It is a strategic asset. Waiting until a claim or lawsuit surfaces may diminish your ability to locate and leverage coverage and may leave you exposed to liabilities that could have been shared, defended, or indemnified. By proactively engaging in Insurance Archeology with PolicyFind, you place your organization in a far stronger position to respond to today’s evolving liability challenges.

Contact PolicyFind to learn how proactive Insurance Archaeology can help your organization locate historical policies and unlock funding for current and future liabilities.