This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup.
The I-5 SB Port of Tacoma Road interchange, owned and operated by the Washington State Department of Transportation, carries contamination in a biofiltration swale that traces to the original interchange construction — well before 1986. Diesel and heavy oil accumulated in the swale through decades of highway runoff. In 2018, an initial response removed 1,000 cubic tons of petroleum-contaminated soil from the swale and stabilized the exposed area with quarry spalls; a SHARP assessment completed in 2025 reflects ongoing monitoring, and formal cleanup under the Standard Cleanup program has not yet commenced. 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 formal remediation work still ahead at this site — investigation, cleanup design, and the Standard Cleanup activities yet to be carried out — represents expenditures that pre-1986 occurrence-based CGL policies may be positioned to fund. Those policies, in effect when the interchange was actively generating the contaminated runoff that accumulated in the swale, carried no effective pollution exclusion and remain enforceable for releases that began during their coverage period. The 2018 initial-response costs — soil excavation, hauling, and stabilization — are also recoverable as expenditures tied to a release originating in that pre-1986 operational era.
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.
