This property has a documented history as a industrial and manufacturing facility going back to 1908. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property has a documented industrial history extending to at least 1908, when a smelting and refinery company was recorded on the south lot in a Metzler Atlas from that year; the Great Western Smelting and Refining Company occupied the building from the late 1910s through the mid-1920s. Piles of granular slag and ash found throughout the crawlspace tested positive for lead at concentrations that designate the material as dangerous waste, and an underground storage tank containing weathered heating oil was also discovered during a building renovation in 2000–2001. Cleanup activities in 2001–2002 addressed soil, ash, slag, sludge, and debris removal, groundwater dewatering with carbon filtration, and UST decommissioning, yet Ecology noted the need for further action as late as 2014. 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.
Lead-bearing slag and petroleum contamination at this site remain unresolved, and the further action Ecology identified means investigation and remediation expenditures are still ahead for this property. Occurrence-based CGL policies issued to operators of the smelting and refining operations — which began more than seven decades before 1986 — carried no effective pollution exclusion and may be the most accessible source of funding for those upcoming cleanup costs. The partial work already completed between 2001 and 2002, including hazardous slag excavation, groundwater treatment, and tank decommissioning, may additionally be recoverable from historical carriers whose policies were in force when the contamination was first deposited.
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.
