This property has a documented history as a industrial and manufacturing facility going back to 1902. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property has been in continuous industrial use since its construction between 1902 and 1912, first housing the Independent Brewing Company through 1916, then shifting to can manufacturing and food production under Sunny Jim Foods — peanut butter, fruit preserves, soft beverages, and fruit juices — through 1991. Underground storage tanks supplying fuel to on-site boilers were removed in August 1989; one tank exhibited numerous holes and corrosion consistent with a long-term historical release, and associated contaminated soil and tank liquids were removed with the excavations backfilled. In 2009, investigation-derived waste totaling 55 gallons of soil and groundwater was generated and designated for disposal. The site is currently awaiting further cleanup under the Standard Cleanup program. 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 — petroleum hydrocarbons, PCE, TCE, and chromium — arose from nearly ninety years of heavy industrial activity that was already well underway decades before 1986. Occurrence-based CGL policies issued to the facility's successive operators during that pre-1986 window had no effective pollution exclusion in Washington and remain enforceable today. The corroded underground storage tanks and broad industrial operations represent precisely the slow, ongoing release profile those policies were written to cover. Investigation and remediation costs now facing this property could plausibly be funded by historical carriers whose policies were in force across those long-running industrial tenancies.
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.
