This property opened in 1907 as a foundry and rail car manufacturing plant, eventually producing Sherman tanks, military vehicles, castings, and forgings through at least 1988. Cleanup under the Standard Cleanup program has included demolition, tank removal, PCB equipment removal, and excavation of lead-contaminated soil, with proposed remediation encompassing approximately 273,000 cubic yards of soil, one billion gallons of groundwater, and 1,000 cubic yards of PCB-contaminated sediment — employing slurry walls, groundwater pumping and treatment, air stripping, in-situ biological treatment, and institutional controls. Construction of cleanup infrastructure is complete and the site is now in long-term performance monitoring. 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 — PCBs, lead, and petroleum hydrocarbons — traces directly to foundry, manufacturing, and fueling operations that began in 1907 and ran continuously for nearly eight decades before 1986. Occurrence-based CGL policies issued to the operators across that span had no effective pollution exclusion under Washington law and remain enforceable today. The scale of documented and projected remediation costs here — soil treatment, sediment removal, groundwater containment and treatment across hundreds of thousands of cubic yards — represents expenditures that historical carriers may be obligated both to reimburse and to fund through the ongoing monitoring phase.
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.