This property has a documented history as a farm and agricultural operation predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property was historically part of a single-family agricultural holding, and its contamination traces not to the site's own operations but to smelter slag placed on an adjacent parcel in the 1950s. Arsenic and cadmium from that slag have migrated into soil and groundwater beneath the subject site, drawing it into the broader Thrasher's Corner cleanup. Remediation efforts included the excavation and stabilization of 16,000 cubic yards of arsenic- and cadmium-impacted soil and slag on the adjacent property; soil remediation on the subject site itself was deemed sufficient, but groundwater remediation was not. Voluntary Cleanup Program monitoring ran from 2003 to 2004 before the program was terminated for inactivity, with paved surfaces remaining in place as a surface cap. 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 smelter slag responsible for this site's arsenic and cadmium contamination was deposited in the 1950s — before 1986, when occurrence-based Commercial General Liability policies were still standard and lacked effective pollution exclusions. Historical carriers whose policies covered the slag-generating operations during that pre-1986 window may be liable for documented remediation costs already incurred, including the large-scale excavation and stabilization of 16,000 cubic yards of impacted material. Equally important, groundwater remediation at this site was found to be insufficient and cleanup remains unresolved, meaning future investigation, remedial design, and active remediation costs still lie ahead — expenses that pre-1986 policyholders may be obligated to fund as well.
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.
