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.
This property in Tumwater carries a layered industrial history, having been occupied at various times by a pipe factory, tannery, lumber mill, wagon works, furniture manufacturer, and brewery. Contamination — including PAHs, lead, arsenic, petroleum hydrocarbons, and dioxins — was discovered in 2009 during construction and attributed to those historical operations and old treated wood conduit; an initial remediation in 2009–2010 removed approximately 757 cubic yards of contaminated soil and extracted accumulating groundwater from the excavation. Investigations in 2016 and 2018 confirmed that significant contamination remains, and future handling, containment, or additional excavation and disposal of soils is recommended during site redevelopment. 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 most substantial remediation costs at this property still lie ahead: investigators have identified remaining contamination requiring handling, containment, or excavation during redevelopment — a multi-year project whose full expenditures have not yet been incurred. The PAHs, lead, dioxins, and petroleum hydrocarbons found here originated from industrial operations — pipe manufacturing, tanning, lumber milling, and the rest — that predate 1986 by decades. Occurrence-based CGL policies issued to those operators had no effective pollution exclusion in Washington and may be available to fund the upcoming cleanup work.
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.
