This property has a documented history as a industrial and manufacturing facility going back to 1950. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property served as an active quarry for clay mining between 1950 and 1970, supplying material for brick manufacturing, before being filled with cement kiln dust (CKD) — a byproduct of the Holcim Portland cement manufacturing plant — during the late 1960s through the 1970s. Interim remediation efforts to control CKD leachate have stretched over 25 years, encompassing installation of a french drain in 1991, test pit excavation in 1993, construction and operation of a leachate treatment system from 2013 to 2015, drainage ditching, covering of contaminated piles, and tire pile removal. Formal cleanup work under the Voluntary Cleanup Program remains to be designed and executed. 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 contamination at this site traces to industrial operations — clay quarrying and the disposal of cement kiln dust from an active manufacturing plant — that took place well before 1986, when occurrence-based Commercial General Liability policies routinely lacked effective pollution exclusions. Those historical carriers whose policies were in force during the CKD disposal period of the late 1960s and 1970s may still be obligated to fund the investigation, design, and remediation work that lies ahead. The property owner now faces the cost of a formal cleanup that could plausibly be offset by accessing those pre-1986 policies.
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.
