This property has a documented history as a industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as a metal recycling facility — scrap metal processing, vehicle wrecking, and hulk hauling — for more than two decades before a 2008 Site Hazard Assessment documented contamination. Metals, hydrocarbons, and PCBs were detected at the site, consistent with its long history of industrial scrap operations. Property cleanup under the Voluntary Cleanup Program began in 2013, and the site's status remained Cleanup Started as of 2020, reflecting an ongoing, multi-year remediation effort. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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.
Metal recycling operations at this property were already well established by the mid-1980s, placing the origin of contamination squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The cleanup costs incurred since 2013 — and the remediation work still ahead — are tied to releases from those pre-1986 industrial operations. Historical carriers who wrote CGL policies covering Midway Metals during that window may be obligated both to reimburse past remediation expenditures and to fund the cleanup work that remains.
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.