This property operated as a paint manufacturing facility from 1950 through 1986, during which mineral spirits and other solvents used in the manufacturing process were reportedly discarded to the ground surface. A 1,000-gallon mineral spirits underground storage tank, out of use since 1982, was removed in 1996 along with 20 cubic yards of contaminated soil. Under the Voluntary Cleanup Program, planned remediation includes a mass excavation of approximately 20,770 cubic yards of soil, potential groundwater treatment, contaminated media disposal, vapor barrier installation if warranted, and ongoing monitoring. 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 originated from paint manufacturing operations that ran continuously for 36 years before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion in Washington. The documented remediation costs — past UST removal and soil excavation, plus the substantial planned excavation, groundwater treatment, and long-term monitoring ahead — represent expenditures the historical carriers who insured those operations may be obligated both to recover 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.