This property served as a City of Tacoma municipal landfill from the 1930s through the late 1950s, leaving municipal landfill material extending 11 to 13 feet below the surface. Following landfill closure, the site was occupied by Cummins Diesel and later Pacific Auto Wrecking from the late 1950s through the late 1980s, during which time a 1,000-gallon waste oil tank was installed and subsequently removed in 1990. The property is now part of a Superfund site undergoing groundwater and surficial drainage discharge monitoring, with closure anticipated within 24 months. 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 site traces to municipal landfilling and industrial operations that began decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The remediation costs already incurred — waste oil tank removal, Superfund investigation, and ongoing groundwater and drainage monitoring — along with the cleanup work still ahead arise from releases tied directly to those pre-1986 operations. Historical carriers who wrote CGL policies during the landfill era and subsequent industrial occupancy may be obligated both to recover past expenditures and to fund the remaining remediation.
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.