This property, formerly known as Advance Hard Chrome, operates as a machine shop manufacturing and repairing metal machinery parts, with chrome plating using chromic acid and parts cleaning with methyl ethyl ketone (MEK). The EPA investigated the site in 1985–86 as a potential Superfund location, and Ecology subsequently listed it on the Confirmed and Suspected Contaminated Sites List in 1988 for a range of contaminants associated with its industrial operations. The site received a No Further Action determination based on a Site Hazard Assessment, though groundwater monitoring was conducted on a neighboring property in 1991 and 1996 in connection with the site's potential impact. 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.
The EPA's 1985–86 Superfund investigation and Ecology's 1988 contaminated-sites listing both trace directly to chrome plating and solvent operations conducted at this property before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. Investigation costs, site assessments, and neighboring-property monitoring associated with those regulatory actions represent expenditures incurred because of operations that fall squarely within the coverage period of pre-1986 policies. The property's continued industrial use under the Repair Technology name means that historical carriers' obligations may extend to any future regulatory reopening tied to the original contamination.
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.