Silicon Metaltech has operated as an active silicon smelting plant in Rock Island since at least the mid-1960s, with mercury used in its onsite quality control laboratory through the late 1960s. In 1988 and 1989, the former laboratory building was razed and approximately 142 cubic yards of mercury-contaminated soil were excavated and placed in temporary storage crates. Contaminated soil remained at the site following those initial excavation efforts, and additional remediation was still being planned as recently as 2014. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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.
Mercury was in active use at Silicon Metaltech's quality control laboratory from the mid-1960s through the late 1960s — more than fifteen years before 1986, when occurrence-based CGL policies were still the industry standard and lacked effective pollution exclusions. Carriers who issued policies to Silicon Metaltech during those mercury-use years may be obligated to fund both the 1988–1989 excavation costs and the unresolved remediation that remains. For an active industrial operation carrying an open cleanup obligation tied to decades-old laboratory operations, identifying those historical policy assets is a material financial consideration.
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.
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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.