This multi-parcel property in south Seattle has hosted industrial operations dating to at least 1936, including agriculture, an automotive wrecking yard, a metal foundry operating from the mid-1960s through the late 1970s, and a private fleet gasoline fueling station with underground storage tanks. Cleanup under the Voluntary Cleanup Program has been ongoing since at least 1997 and has included removal of three USTs and associated contaminated soil, in-situ oxygenate treatment for benzene-impacted soils, and excavation of 51,380 tons of soil in 2012, with groundwater monitoring continuing through at least 2017. 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 site is attributed to industrial uses — foundry operations, auto wrecking, and petroleum storage — that span from 1936 through the early 1980s, decades before the 1986 shift away from occurrence-based CGL policies. The scale of documented remediation costs, including tens of thousands of tons of soil removal, UST decommissioning, in-situ treatment, and long-term groundwater monitoring, reflects expenditures that historical carriers who issued policies during that pre-1986 operational window may be obligated both to reimburse and to fund as cleanup continues.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.