This property in Tacoma is built over the old City of Tacoma landfill, which closed in the early 1950s, and was subsequently occupied by Palco Steel and Salvage, a steel scrap yard. Cleanup under the Voluntary Cleanup Program has included the removal of two underground storage tanks totaling 1,500 gallons and excavation of associated contaminated soil in 1992. Planned remediation involves in situ chemical oxidation for groundwater, additional soil excavation with off-site disposal, groundwater monitoring, soil gas investigations for methane detected above the lower explosive limit, and environmental covenants for residual contamination. 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 stems from landfill operations and industrial activity that began decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The site's remediation trajectory — completed tank removals, soil excavation, and a multi-year program of groundwater treatment, methane investigation, and institutional controls still ahead — represents both past expenditures and future costs that historical carriers who issued CGL policies during those pre-1986 operations may be obligated 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.
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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.