This Seattle property has housed commercial operations since 1918, with buildings constructed in 1917–1918 and more recent use as Jergens Painting Company — a painting business with spray booths, solvent storage, and paint-related waste handling. Seven underground storage tanks were removed in 1990, and subsequent investigation found petroleum hydrocarbon, VOC, lead, cadmium, and mercury contamination in soil and groundwater. A vapor extraction pilot test was conducted in 1993 and a full system was designed to target 8,000–9,000 pounds of VOCs, though its construction and operation were never confirmed. Groundwater monitoring has been ongoing since 1997, and the site remains in Awaiting Cleanup status under Ecology's Standard Cleanup program. 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 traces to underground storage tanks and painting operations that were in place decades before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion in Washington. The scope of remediation the property now faces — soil excavation, vapor extraction, heavy-metals abatement, and long-term groundwater monitoring — represents substantial future cleanup costs tied directly to those pre-1986 operations. Historical carriers whose CGL policies were in force during the years those tanks and painting operations were generating contamination may be obligated to fund the cleanup work that has yet to begin.
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.