This property has a documented history as a industrial and manufacturing facility going back to 1950. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property sits on fill land created during Tacoma tideflats development in the 1950s and 1960s, with sediment contamination arising from area-wide industrial activity that introduced petroleum hydrocarbons and arsenic at concentrations exceeding MTCA Method A industrial cleanup levels. In 1997–1998, approximately 6,000 cubic yards of contaminated sediment were excavated from the Lincoln Avenue Ditch, then stabilized with cement kiln dust, backfilled with clean material, and capped with asphalt and concrete pavement as part of ongoing container terminal development. Cleanup remains ongoing under the Standard Cleanup program. 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 petroleum and arsenic contamination here traces to industrial operations on the Tacoma tideflats that predate 1986 by decades — the same era when occurrence-based CGL policies carried no effective pollution exclusion in Washington. Past remediation expenditures, including the excavation and stabilization of 6,000 cubic yards of impacted sediment, represent costs that historical carriers may be obligated to recover. With cleanup still active under the Standard Cleanup program, additional remediation costs continue to accrue — obligations that pre-1986 policyholders may be required to fund going forward as well.
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.
