This property has a documented history as a landfill going back to 1984. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This Kent property served as a disposal site for slag waste materials generated by two industrial steel operations: Northwest Steel Rolling Mills deposited slag fill from 1984 to 1986, and Earle M. Jorgensen Company continued slag fill disposal from 1985 through 1989. Remediation under the Standard Cleanup program ran from 1995 through 2016 and included test pit excavations, capping with up to three feet of topsoil, and installation of storm, surface, and groundwater drainage systems. A five-year review and ongoing maintenance monitoring followed, culminating in the termination of a restrictive covenant upon confirmation of successful remediation. 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 slag fill deposited at this site originated from steel manufacturing operations that began in 1984 — before the 1986 threshold after which occurrence-based Commercial General Liability policies began routinely excluding pollution coverage. Northwest Steel Rolling Mills, as a pre-1986 operator, would have carried CGL policies written on an occurrence basis with no effective pollution exclusion, policies that may still be enforceable against the cleanup costs documented here. More than two decades of remediation expenditures — investigation, capping, engineered drainage, long-term monitoring, and covenant administration — represent recoverable costs that could plausibly be funded by carriers who issued policies during that pre-1986 window of slag disposal activity.
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.
