This property has a documented history as a industrial and manufacturing facility going back to 1972. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property has operated as a micronutrient fertilizer manufacturing facility since 1972, when Bay Zinc began producing zinc soil amendments and zinc sulfate fertilizers and subsequently managed dangerous wastes including steel mill flue dust (K061). Documented spills occurred in 1974, 1976, and 1982; a RCRA Part A application was filed in 1980 and groundwater monitoring was initiated in 1985. Cleanup activities beginning in 2002 have included excavation of over 12,320 tons of impacted soil, installation and operation of a pump-and-treat system with ion-exchange treatment that has processed 2.5 million gallons of groundwater since 2003, stormwater controls, and institutional controls including a Site Management Plan — representing more than $1.2 million in documented remediation expenditures. The facility remains in active operation under current tenant Ultra Yield while long-term groundwater performance monitoring continues. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Washington. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
Contamination at this facility traces to industrial operations and documented spills — including releases in 1974 and 1976, each predating 1986 by more than a decade, and an additional spill in 1982 — all occurring during an era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Historical carriers who issued CGL policies during those pre-1986 operational years may be obligated to recover the more than $1.2 million in remediation costs already documented. With an active pump-and-treat system still processing contaminated groundwater and long-term monitoring ongoing, remediation expenditures continue to accrue — costs that historical carriers may also be obligated to fund going forward.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.
