This property has a documented history as a industrial and manufacturing facility going back to 1965. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup.
Capital Industries Inc has operated as a metal fabrication and painting facility at this Seattle site since 1965, with processes including forming, shearing, welding, and laser cutting that historically involved chlorinated degreasing solvents. In 1989, an unknown quantity of trichloroethylene (TCE) was released at Plants 2 and 4, initiating a multi-year investigative and remedial response: 330 cubic yards of HVOC-impacted soil have been excavated and removed, vapor intrusion mitigation systems have been installed at adjacent properties, remedial investigations ran from 2008 to 2012, quarterly groundwater monitoring continued through 2014, and a feasibility study and cleanup action plan have been under development since 2014. Metal fabrication and painting operations continue at the site under ongoing agreed orders. 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.
Capital Industries was using trichloroethylene as an industrial degreaser for more than two decades before 1986, the year occurrence-based CGL policies ceased to provide meaningful pollution coverage in Washington. The TCE release identified at Plants 2 and 4 traces directly to those pre-1986 industrial operations, and remediation costs under the agreed orders remain the liability of the potentially responsible party going forward. Historical carriers who issued CGL policies to Capital Industries during its pre-1986 operating years may be obligated to fund the cleanup action that has yet to be fully designed and executed.
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.
