This property has a documented history as a industrial and manufacturing facility going back to 1960. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
The Mill Creek drainage area in Kent has been heavily industrialized since at least the 1960s and 1970s, with multiple industrial dischargers — including the Western Processing Superfund Site — contributing metals, solvents, petroleum, and paint wastes to Mill Creek and Springbrook Creek. The site was placed on Ecology's Contaminated Sites List in 1990, with cleanup planning addressing options for full or partial remediation, stabilization, and containment. No active cleanup work has yet commenced, and available funding remains a factor in determining the remediation path forward. 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.
The industrial operations responsible for contamination in the Mill Creek corridor commenced in the 1960s and 1970s — a period when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. A 1984 EPA report documented elevated contaminant levels from that era's industrial activity, establishing a clear chain from pre-1986 operations to the contamination now driving cleanup obligations. Historical carriers who issued CGL policies to the industrial operators active during that window may still be obligated to fund the remediation expenditures the property owner now faces.
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
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.
