This property has a documented history as a industrial and manufacturing facility going back to 1969. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property has operated as a chemical manufacturing facility since 1969, initially producing zinc hydrosulfite (1969–1973) and subsequently sodium hydrosulfite under Clariant Corporation and, since January 2003, Chemtrade Logistics. Zinc carbonate sludge — a manufacturing byproduct — was discharged to onsite settling basins from approximately 1974 through the late 1970s or early 1980s, ceasing by 1984. Cleanup to date has included excavation of 15,856 tons of contaminated soil and operation of a groundwater extraction system that was subsequently shut down due to biofouling; a two-year groundwater monitoring program has been completed, and a five-year monitoring period is recommended. Remedial alternatives — including additional soil removal, capping, slurry walls, hydraulic barrier pump-and-treat, institutional controls, stormwater controls, and monitored natural attenuation — remain under evaluation. 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 metals contamination at this property originated from manufacturing byproduct discharges that occurred from the mid-1970s through the early 1980s — entirely within the period when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. Documented remediation expenditures already include the removal of nearly 16,000 tons of impacted soil and multiple years of groundwater extraction and monitoring; the remedial alternatives now under evaluation signal that substantial additional costs lie ahead. Historical CGL carriers who issued policies to the operators during that pre-1986 window may be obligated both to recover past cleanup expenditures and to fund the remediation work yet to come.
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.
