This property in Tacoma has been in industrial use since at least 1954, when the Stacy Plumbing Supply warehouse was constructed on its northeast portion; a large woodworking and millworks factory had previously occupied the southern portion of the site through the 1950s. Contamination — diesel-range hydrocarbons, motor oil, and heavy metals — is attributed to foundry waste fill material placed as early as the 1900s and prior to warehouse construction. Cleanup under the Voluntary Cleanup Program has included excavation and removal of contaminated soils from an adjacent right-of-way, while engineered controls (the asphalt parking lot and building foundation serving as caps) and an Environmental Covenant govern the subject property itself. Long-term monitoring and periodic reviews are required, and future soil excavation is stipulated upon any redevelopment of the site. 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 contamination at this property traces to industrial fill material deposited decades before 1986, tying the environmental liability to an era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The ongoing remediation obligations — engineered caps, institutional controls, long-term monitoring, and mandated excavation upon redevelopment — represent both past and future costs that the site's historical carriers may be obligated to fund. Because cleanup has started but is far from complete, pre-1986 CGL policies remain relevant both for recovering expenditures already incurred and for covering the remediation work still ahead.
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.