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 encompasses an area with a long industrial history, including the former Borden Chemical facility, which occupied most of the redevelopment footprint now known as Kent Station. Cleanup activities under the Voluntary Cleanup Program have spanned multiple years, with partial delisting from the Hazardous Site List completed in 2005. Groundwater remediation has been initiated but remains incomplete, and cleanup work is ongoing under the Standard Cleanup program. 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.
Industrial operations at this site — including chemical manufacturing under the Borden name and earlier agricultural use under Burdic Feed — predate 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion in Washington. The multi-year remediation effort documented here, from VCP enrollment through Hazardous Site List proceedings and groundwater cleanup, represents substantial expenditures tied to contamination originating from those pre-1986 operations. Historical carriers who issued CGL policies during that operational window may be obligated both to recover past cleanup costs and to fund the remediation 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.