This industrial property housed Puget Sound Coatings Inc., a surface coatings and machining operation with an underground storage tank installed as early as 1964 and hazardous-waste generation records dating to at least November 1984. The facility generated significant quantities of hazardous waste — including lead, methyl ethyl ketone (MEK), halogenated solvents used in degreasing, and ignitable waste — and was monitored for air emissions under the Clean Air Act. Cleanup under the Voluntary Cleanup Program included underground storage tank removal and remedial actions addressing contaminated soil and groundwater, and the site has since received a No Further Action determination. 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.
Industrial operations at this property — coatings application, machining, and solvent degreasing — were underway by 1964, more than two decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The hazardous wastes generated here, including halogenated solvents, lead, and petroleum products from underground storage, are precisely the kind of gradual-release contamination those pre-1986 policies covered without exclusion under Washington law. Historical carriers who issued CGL coverage during those operating years may be obligated to reimburse the documented remediation costs that brought this site to No Further Action status.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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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.