This property has a documented history as a industrial and manufacturing facility going back to 1973. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup.
Charles Nelson has owned this Auburn property since 1973, operating a scrap metal and tire recycling business and a rental and sale enterprise for heavy equipment, with an on-site fueling station supplying that heavy equipment fleet; facility buildings were constructed in 1978. A Site Hazard Assessment based on site visits in 1997 and 2001 identified contamination — including stained soil at the fueling station, heavy oil, and lead from industrial operations and waste materials — exceeding applicable cleanup levels. The site is currently classified as Awaiting Cleanup, and no active remediation has yet commenced. 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 petroleum and lead contamination documented here originated from industrial operations — heavy equipment fueling, oil releases, and scrap handling — that began under Nelson's ownership in 1973, more than a decade before 1986. Occurrence-based CGL policies issued to operators of industrial facilities during that pre-1986 window carried no effective pollution exclusion in Washington and remain enforceable against historical carriers today. The cleanup costs this property now faces — remedial investigation, feasibility study, and eventual site remediation — could plausibly be funded by carriers whose policies were in force when the contamination was generated.
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.
