This property has a documented history as a industrial and manufacturing facility going back to 1977. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
The primary building at this Kent property was constructed in 1977, and groundwater contamination here originated from an adjacent property to the north that had operated as a tote washing service for chemical companies. That operation introduced halogenated volatile organic compounds — tetrachloroethylene (PCE), trichloroethylene (TCE), and their anaerobic breakdown product vinyl chloride — into the subsurface, creating a significant solvent plume. Cleanup evidence to date includes the removal of an underground storage tank and measurable natural attenuation of HVOC concentrations in groundwater since 2005; the site remains in the Awaiting Cleanup phase pending further remediation activities. 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 PCE, TCE, and vinyl chloride detected in groundwater here are industrial solvents tied to a tote washing operation that was active well before 1986 — placing the originating releases within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The contamination is characterized as a significant historical release, the kind of slow, migratory plume that pre-1986 CGL policies were written to cover as it was occurring. The investigation, remediation design, and active cleanup work that lie ahead for this plume could plausibly be funded by historical carriers whose policies were in force when the adjacent operation was discharging these solvents.
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.
