This property has a documented history as a industrial and manufacturing facility going back to 1928. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This Tacoma property operated as a chloro-alkali inorganic chemical plant — producing chlorine, sodium hydroxide, hydrochloric acid, and sodium arsenite (Penite) — from 1928 until the plant shut down in 1997. Contamination was identified as early as 1981, and subsequent cleanup under Consent Decrees and Agreed Orders has encompassed excavation of 2,300–3,000 cubic yards of Penite pit waste and 1,200 cubic yards of asbestos pond sediment in 1990, a pump-and-treat system for arsenic from 1992 to 2003, bioremediation of 15,000 cubic yards of Bunker C–contaminated soil in the late 1990s, a VOC treatment system from 1996 to 2000, in-situ chemical injections for arsenic from 2001 to 2004, and dredging of the Hylebos Waterway from 2003 to 2006 including installation of intertidal and subtidal caps. Cleanup work is ongoing. 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.
Chemical manufacturing operations at this site began in 1928 — nearly six decades before 1986 — and the arsenic, asbestos, VOC, and petroleum contamination now requiring remediation originated directly from those pre-1986 industrial processes. Occurrence-based CGL policies issued to the operators during that long pre-1986 window carried no effective pollution exclusion and remain enforceable in Washington. The documented remediation expenditures here — multi-phase soil and sediment excavation, groundwater treatment, waterway dredging, long-term capping, and years of in-situ chemical injections — represent costs that historical carriers whose policies were in effect from 1928 onward 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.
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.


