This property was formerly operated by T&M Protein, a fish oil extraction company whose hydraulic fish oil press leaked petroleum hydrocarbons into surrounding soils. The contamination was discovered in July 2007 during demolition of the facility building. Cleanup has included excavation of petroleum-contaminated soil, removal of underground storage tanks totaling 25,000 gallons, and ongoing LNAPL gauging and recovery efforts dating back to the early 1990s. Contaminant releases from adjoining listed properties — including a gasoline UST removed from 225 Sigurdson Avenue in 1996 — have also contributed to the site's 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.
Petroleum contamination at this site traces to industrial operations and underground storage infrastructure that predate 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. An adjacent property's gasoline UST, removed in 1996 and estimated to have been installed around 1971, is among the contributing sources — placing the contamination origin squarely within the pre-1986 policy window. The documented remediation costs already incurred — tank removals, soil excavation, and years of LNAPL recovery — along with the ongoing cleanup obligations represent expenditures that historical carriers may be obligated both to reimburse 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.