This property has a documented history as a industrial and manufacturing facility going back to 1978. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup.
The Halfon Candy Company has operated as a candy distribution facility at this industrial-zoned Seattle property since approximately 1978, when the current distribution warehouse was constructed. Contamination at the site is attributed to cement kiln dust (CKD) historically used as fill in the area prior to that construction, with contamination first reported to regulators in 2007 following roughly seven years of prior observation. A Site Hazard Assessment has been completed and explicitly confirms that no remedial activities have yet occurred at the site. The property remains in active use as a candy distribution operation. 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 cement kiln dust fill driving the contamination here was deposited before the present building was constructed in 1978 — placing the contamination source well before 1986, when occurrence-based Commercial General Liability policies still lacked effective pollution exclusions. The slow leaching of CKD through soil over decades is precisely the type of gradual, continuous release that pre-1986 CGL policies were written to address. With no remediation commenced and the full scope of investigation and cleanup expenditures still ahead, historical carriers who issued policies during the pre-1986 period may be obligated to fund that work.
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.