This property is the site of the former Columbia Street Manufactured Gas Plant, which began operations in 1908 and produced gas for approximately 16 years before being converted into a gas storage facility receiving coal gas manufactured in Tacoma. Cleanup activities under the Voluntary Cleanup Program have included excavation and disposal of 15 cubic yards of contaminated soil and concrete debris, removal of a 1,000-gallon underground storage tank, in-situ soil aeration, and the capping of an artesian well uncovered during the work. These investigation and remediation efforts were conducted from 2006 to 2013, and cleanup work is ongoing. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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 — carcinogenic polycyclic aromatic hydrocarbons and petroleum hydrocarbons characteristic of manufactured gas production — originated from industrial operations that began in 1908, nearly eight decades before occurrence-based CGL policies ceased reliably covering pollution claims. The documented remediation expenditures — soil excavation, tank removal, in-situ treatment, and multi-year investigation — were incurred to address releases tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during the site's industrial operating window may be obligated both to recover past cleanup costs and to fund the remediation work that remains ahead.
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.
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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.