This property has a documented history as a industrial and manufacturing facility going back to 1982. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property has served as a solid waste transfer station and hauling division since 1982, with on-site truck maintenance supported by three diesel underground storage tanks totaling 40,000 gallons of capacity and a 1,000-gallon waste oil tank. Prior to its development as a transfer station, the land was used as a dumping site for industrial fill — construction debris, slag, foundry waste, battery chips, and auto parts. Cleanup activities have included excavation and off-site disposal of 450 tons of diesel-contaminated soil, removal of the waste oil tank, and in-place decommissioning of the three diesel USTs through inertion, cleaning, and slurry-filling. The site carries an open LUST file, and recommendations for future site-wide remediation indicate that cleanup work is ongoing. 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 stems from decades of industrial use — both the legacy dumping of foundry waste, slag, and battery chips, and the long-term operation of large diesel and waste oil USTs that were likely installed around 1970 and operated well before 1986. Occurrence-based CGL policies issued to the operators during that pre-1986 window carried no effective pollution exclusion in Washington and remain enforceable today. The documented remediation costs already incurred — soil excavation, tank decommissioning, contaminated-material disposal — and the site-wide cleanup work still ahead represent expenditures that historical carriers may be obligated both to reimburse and to fund going forward.
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.
