The City of Tacoma began using this property as a municipal landfill in the 1930s, with industrial tenants including Cummins Diesel and Pacific Auto Wrecking operating on the site from the late 1950s through the 1980s. In 1990, a 1,000-gallon underground storage tank was removed along with 102 cubic yards of contaminated soil and 3,000 gallons of contaminated water. A Voluntary Cleanup Program application initiated in 2005 was terminated in 2007 due to stalled progress; road construction has since capped a portion of the site, and cleanup remains ongoing under Standard Cleanup. 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.
Contamination at this property is attributed primarily to decades of municipal landfill operations beginning in the 1930s and to petroleum from an underground storage tank installed and operated well before 1986. Occurrence-based CGL policies issued to the site's industrial operators during that pre-1986 window lacked effective pollution exclusions and remain potentially enforceable today. The documented remediation expenditures — UST removal, soil excavation, groundwater extraction, and an active Standard Cleanup proceeding — represent costs that historical carriers may be obligated both to recover and to fund as cleanup continues.
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.