Parker Paint has operated at this Tacoma property as a paint manufacturer since 1951, using multiple underground storage tanks to store industrial chemicals including alkyd resin, mineral spirits, Texanol, xylene, and toluene. Cleanup under the Standard Cleanup program has included removal of multiple USTs, extensive soil overexcavation with contaminated material reused on-site or disposed off-site, operation of a dual-phase extraction system combining soil vapor extraction and groundwater recovery, and years of groundwater monitoring. The facility remains in active use for paint manufacturing and retail sales. 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 stems from decades of paint manufacturing operations and leaking underground storage tanks, some installed as early as the mid-1960s — more than twenty years before occurrence-based CGL policies began excluding pollution claims. The remediation expenditures already incurred here — tank removals, large-scale soil excavation, dual-phase extraction, and long-term groundwater monitoring — along with any costs still ahead represent obligations that historical carriers who wrote CGL policies during Parker Paint's pre-1986 operational window may be required both to reimburse and to fund going forward.
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.