This property operated as an explosives manufacturing and processing plant from 1935 through 1976, producing TNT, RDX, dynamite, and nitrocellulose-based propellants — operations during which carbon tetrachloride was released into the soil and groundwater. Remediation conducted from 1989 onward included extensive source-area soil excavations, removal of nine underground storage tanks, 58,000 pounds of barrels, 57,000 pounds of scrap metal, and treatment of trichloroethane-contaminated soil. Municipal water main extensions completed between 2000 and 2007 replaced contaminated domestic drinking water wells, and groundwater is now in a Monitored Natural Attenuation phase projected to require approximately 28 years to complete. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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.
Explosives manufacturing at this site began in 1935 and continued for more than four decades before 1986, the year occurrence-based Commercial General Liability policies ceased to provide reliable pollution coverage in Washington. Carbon tetrachloride — the primary contaminant tied directly to those manufacturing operations — is precisely the kind of slow, diffuse industrial release that pre-1986 CGL policies were written to address. The remediation record here spans more than thirty years of documented expenditure: source excavations, scrap removal, drinking-water infrastructure replacement, a pump-and-treat pilot program, and decades of ongoing groundwater monitoring. Historical carriers who issued CGL policies during the 1935–1976 operational window may be obligated to contribute to those costs.
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.
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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.