This property has a documented history as a industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as the Tyrrell's pet food manufacturing plant, where a high-speed hydraulic pump system using food-grade mineral oil was installed beneath the boilers in a basement tank room. A mineral oil release from that pump contaminated the soil and groundwater beneath the tank room floor. Cleanup under the Voluntary Cleanup Program has included excavation of approximately 6 to 8 inches of contaminated surface soil, hydrogen peroxide injections into wells and soil flooding performed in 2004 and 2005, and quarterly free-product recovery from monitoring wells — totaling more than 448 gallons recovered by 2012. Remediation is ongoing. 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 mineral oil contamination at this property originated from industrial manufacturing operations that predate 1986: monitoring wells were installed in the early 1990s and product recovery has been documented since 1994, placing the underlying release squarely in the era when occurrence-based CGL policies had no effective pollution exclusion. Carriers who issued policies to the Tyrrell's plant operators during that pre-1986 window may remain obligated under those occurrence-based policies. The documented remediation costs — soil excavation, chemical treatment, years of quarterly groundwater recovery, and remedial infrastructure — represent expenditures those historical carriers may be obligated both to recover and 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
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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.
