This property has a documented history as a farm and agricultural operation going back to 1930. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property in Kent was historically part of a rhubarb farm with agricultural use dating to the 1930s, alongside later light industrial activities — car storage, paint spray equipment, hydraulic repair, and contractor operations — conducted from the late 1960s through the early 1980s. Cleanup under the Voluntary Cleanup Program has included excavation and disposal of pesticide-contaminated soil and metals-containing soil from a drum area and portions of the affected zone, followed by backfilling with clean material and placement of a soil cover. Groundwater monitoring is ongoing in part due to the site's proximity to an adjacent Superfund site. 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.
The pesticide contamination documented here traces directly to farming operations that began in the 1930s, compounded by industrial use that expanded after construction of an 8,000-square-foot steel building and installation of a buried holding tank in 1967. Every one of those contamination sources predates 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The documented remediation costs at this site — excavation of contaminated soil and drum-area material, clean backfill, a protective soil cover, and long-term groundwater monitoring — are the type of expenditures that historical carriers whose policies covered operations here 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.
