This property has a documented history as a industrial and manufacturing facility going back to 1956. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property has been in continuous industrial use since at least 1956, when structures were constructed on the site; by 1983, Cosmopolitan Construction Company was operating there, conducting firewood cutting, log debarking, and parking and storing heavy construction equipment. From approximately 1990 through 2009, the property served as a storage and sales yard for heavy equipment. Cleanup activities under the Voluntary Cleanup Program have included removal of three to four underground storage tanks, pumping of a derelict vessel to extract petroleum products, earthworks and excavation on an adjoining parcel spanning nine years, and approximately 32 years of natural attenuation for soil TPH contamination. Site closure and further assessment remain outstanding. 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.
Petroleum contamination at this property originated from industrial operations — USTs, petroleum-fueled heavy equipment, and a vessel carrying petroleum products — that were active well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. Natural attenuation data places the contamination origin potentially as early as 1959, locating the release squarely within the window those legacy policies were designed to cover. The remediation expenditures already incurred — tank removals, petroleum extraction, years of excavation and monitoring — together with the anticipated costs of site closure and further assessment, represent liabilities that historical carriers 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.
