This property has a documented history as a industrial and manufacturing facility going back to 1968. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property has operated as a manufacturing facility for liquid rubber coatings, roofing materials, and sealants since 1968, with underground storage tanks installed between 1968 and 1972 to store and distribute the volatile organic compounds used in production. Remediation under the Voluntary Cleanup Program has included removal of 14 underground storage tanks and approximately 7 cubic yards of contaminated soil in 1991, operation of a soil vapor extraction system from July to December 1993 that recovered 2,900 pounds of volatile hydrocarbons, and groundwater monitoring spanning 1992 to 2017. A Restrictive Covenant has been in place since 1996, and proposed future soil excavation — the most cost-effective remediation alternative identified — is estimated at $2.9 million, with full remediation estimates reaching $5.8 million. 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 property originated from underground storage tanks installed between 1968 and 1972 to support VOC-intensive manufacturing operations that predate 1986 by nearly two decades. Occurrence-based Commercial General Liability policies issued to the facility during that operational window carried no effective pollution exclusion and remain enforceable today. The remediation record — 14 tank removals, soil excavation, vapor extraction, 25 years of groundwater monitoring — documents the costs already incurred, while a proposed excavation program estimated at $2.9 to $5.8 million represents the forward-looking exposure the historical carriers may be obligated both to recover and to fund.
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.
