This property has a documented history as a industrial and manufacturing facility going back to 1980. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
The northern warehouse at this Sumner property was occupied by Exide Technologies — one of the world's largest lead-acid battery manufacturers — from approximately 1980 through 2012. During that period, Exide transported batteries to the site, filled them with sulfuric acid, charged them for use, stored hazardous materials, and conducted on-site wastewater recycling and treatment, resulting in lead and chromium contamination. In 2009, Philips Services Corporation performed cleanup under the Voluntary Cleanup Program, including site restoration, equipment and hazardous materials removal, replacement of the concrete floor slab, removal of floor drains, and cleaning of surficial dust. The site has since received a No Further Action determination. 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 lead and chromium contamination at this property traces directly to battery filling and storage operations that began in 1980 — six years before the 1986 industry shift away from occurrence-based Commercial General Liability policies with no effective pollution exclusion. Historical CGL carriers who issued policies to Exide Technologies or prior warehouse operators during that pre-1986 window may have obligations tied to the contamination documented here. The documented remediation — hazardous material removal, structural remediation of the slab and floor drains, and dust cleanup — represents concrete expenditures potentially recoverable from those historical carriers.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.
