This property operated as a paint manufacturing facility under Farwest Paint Manufacturing Company beginning in 1959, producing alkyd and lead paints and storing mineral spirits in a 7,500-gallon underground storage tank. Cleanup under the Voluntary Cleanup Program has included UST removal, excavation of over 178 tons of contaminated soil, soil vapor extraction, groundwater pump-and-treat operations, and chemical injections of ORC and hydrogen peroxide from 2009 through 2014. Buried 55-gallon drums of dried paint containing heavy metals and Stoddard solvent were discovered and removed in 2018, and an estimated 40 cubic yards of contaminated soil remain in place. Remediation work is ongoing. 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.
Paint manufacturing operations at this site began in 1959 — more than a quarter century before occurrence-based Commercial General Liability policies ceased reliably covering pollution claims in 1986. The contamination here — petroleum hydrocarbons from a leaking UST, heavy metals and Stoddard solvent from buried paint drums — is directly tied to decades of industrial operations conducted under those pre-1986 policies. Documented remediation costs already include tank removal, large-scale soil excavation, years of active treatment systems, and drum recovery, with additional cleanup options still under evaluation — expenditures the historical carriers may be obligated 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.