This Spokane property has been in industrial use since the early 1900s, with operations including railcar manufacturing and repair, metalworking, machining, painting, foundry work, and concrete manufacturing. Remedial action under the Voluntary Cleanup Program involved containment of 11,000 cubic yards of contaminated soil beneath a low-permeability cap. Groundwater remediation and monitoring remain ongoing, along with annual cap inspections, placing the site in active operation-and-maintenance status. 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 began more than eight decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The contamination requiring remediation is attributed directly to the site's long usage history — decades of railcar manufacturing, foundry work, and heavy industrial processes conducted under policies that remain enforceable in Washington. Documented remediation expenditures for soil containment, cap maintenance, and ongoing groundwater treatment represent costs that historical carriers who insured those operations may be obligated to fund.
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.