This property has a documented history as a industrial and manufacturing facility going back to 1974. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
Lloyd Controls developed this property in 1974 and operated it as an aerospace electrical-panel manufacturer through 2010, with contamination traced to the facility's paint room and a 3,000-gallon underground storage tank. Cleanup work has included excavation of a drain line, pond sediments, the UST, and 44 tons of petroleum-contaminated soil, followed by installation of an in-well air-sparge/soil vapor extraction system in 2011 that ran for 4.5 years and removed approximately 4.5 pounds of VOCs. Groundwater monitoring has been conducted intermittently from 2012 through the present, with natural attenuation identified as the primary ongoing remediation approach under the Voluntary 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.
Manufacturing operations at this site began in 1974 — more than a decade before 1986, when occurrence-based Commercial General Liability policies still lacked effective pollution exclusions in Washington. The chlorinated volatile organic compounds and petroleum hydrocarbons found in soil and groundwater here are the product of sustained industrial operations that predate that threshold by years, making coverage under historical CGL policies plausible. The documented remediation expenditures — UST removal, soil and sediment excavation, a multi-year vapor extraction system, and more than a decade of groundwater monitoring — represent costs that carriers who issued policies to Lloyd Controls during its pre-1986 operational window may be obligated both to recover and to fund going forward.
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.
