This property has a documented history as a farm and agricultural operation going back to 1892. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property has operated as an agricultural and feed processing facility since at least 1892, with hay, grain, and feed warehouse operations continuing through the mid-twentieth century and Burdic Feed Inc. commencing formal operations on the site in 1954. Vegetable and lettuce packing facilities occupied the northern and central portions of the property from approximately 1936 to 1968, with historical pesticide use associated with those agricultural operations. Cleanup activities have included removal of more than 50 drums and 7 aboveground tanks, excavation and off-site disposal of 26 cubic yards of contaminated soil, demolition of the mill structure, and capping of the site with paved roadways, walkways, and concrete as part of redevelopment. Ecology has maintained regulatory oversight for over 22 years, with ongoing hazard assessments continuing. 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.
Contamination at this Kent property — petroleum hydrocarbons from drum storage and pesticide residues from decades of agricultural operations — is traceable to facility activities that were active well before 1986. Occurrence-based Commercial General Liability policies issued to operators during that pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. The documented remediation expenditures — tank and drum removals, soil excavation, long-term regulatory oversight — represent costs that historical carriers may be obligated both to recover and to fund as the site's hazard assessments continue.
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.
