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 — and recover costs already spent.
Protective Coatings Inc. operated a metals plating and surface finishing facility at this Kent property, which was in industrial use by at least 1980 and developed as early as 1968. Contamination — trichloroethylene (TCE), 1,2-dichloroethylene (1,2-DCE), vinyl chloride (VC), and arsenic — was determined to result from discharges and releases of solvents and metals used in the metal surface finishing processes conducted at the facility. Remediation under the Voluntary Cleanup Program began in 2014 and has included excavation of approximately 185 cubic yards of affected soil, installation of groundwater monitoring wells, and in-situ treatment using 800 pounds of 3-D Microemulsion. Investigation and monitoring to delineate remaining soil, groundwater, and soil vapor contamination are continuing. 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 chlorinated solvents and heavy metals responsible for contamination here were in active industrial use at this property well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. Underground storage tanks removed from the site in 1996 are consistent with installation in the early 1970s, further anchoring the contamination to that pre-1986 operational window. The multi-year cleanup now underway — soil excavation, groundwater monitoring, in-situ chemical treatment, and ongoing delineation — represents mounting remediation expenditures tied directly to those historical operations, costs that historical CGL carriers from that era may still be obligated both to recover 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
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.


