This property has a documented history as a industrial and manufacturing facility going back to 1980. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property was originally constructed in the early 1980s as a semiconductor wafer manufacturing facility for Fairchild Camera, with two 10,000-gallon diesel underground storage tanks installed in the Service Yard in 1982 to support operations. A diesel spill from those USTs in 1986 triggered remedial action under the Voluntary Cleanup Program, and cleanup has continued since — including UST removal, contaminated soil excavation, free-product recovery, groundwater pump-and-treat, and enhanced bioremediation through ten rounds of nitrate injections. A Monitored Natural Attenuation program with quarterly compliance monitoring has been in place, with monitoring planned through 2024. 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 diesel contamination at this site originated from underground storage tanks installed in 1982 and released during operations that predate the 1986 shift away from occurrence-based Commercial General Liability coverage. Carriers who issued CGL policies to Fairchild Camera or successor operators during the early 1980s did so under policy forms with no effective pollution exclusion in Washington. Decades of documented remediation expenditures — tank removal, soil excavation, groundwater treatment, bioremediation, and long-term monitoring — represent costs those historical carriers may be obligated both to reimburse and to fund as cleanup continues.
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.
