The Baxter Manufacturing facility in Orting was constructed in 1975 and manufactures commercial ovens and bakery equipment. Environmental site assessments performed in 1995 discovered groundwater contamination originating from historical operations at the property, prompting an independent cleanup action under MTCA. Cleanup has consisted of periodic groundwater monitoring and sampling since 1995, with the objective of demonstrating that contaminant concentrations remain below applicable cleanup levels to achieve site closure. Remediation 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.
Manufacturing operations at this facility began in 1975 — more than a decade before occurrence-based Commercial General Liability policies gave way to claims-made forms with effective pollution exclusions. The contamination discovered in 1995 was attributed to historical operations rather than any recent incident, placing its origin squarely within the pre-1986 policy window. The site's documented remediation costs — environmental assessments, three decades of groundwater monitoring, and the continuing path to closure — represent expenditures that historical carriers who insured the facility during its pre-1986 operations may be obligated both 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.