This property has a documented history as a industrial and manufacturing facility going back to 1900. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This waterfront property in Everett has been used for commercial, industrial, and marine-related activities since the early 1900s, with the eastern portion comprising the former ABW Plant I leasehold of American Boiler Works. The site was developed between 1947 and 1955 and accumulated contamination — including arsenic, lead, carcinogenic PAHs (cPAHs), and petroleum hydrocarbons spanning gasoline, diesel, and oil fractions — consistent with its century-long industrial and marine heritage. Underground storage tanks were removed in 1991, and cleanup under the Voluntary Cleanup Program ultimately resulted in 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.
Industrial and marine-related operations at this property began in the early 1900s, predating 1986 by many decades — the period during which occurrence-based Commercial General Liability policies were issued with no effective pollution exclusion in Washington. The contamination profile here — arsenic, lead, cPAHs, and petroleum hydrocarbons from multiple fractions — reflects the breadth of releases attributable to that pre-1986 operational era. The underground storage tanks removed in 1991 were installed well before 1986, directly linking the petroleum component of the contamination to carriers whose policies were in force during the decades of active operation, and those carriers may be obligated to contribute to the documented cleanup costs.
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.
