This property was the site of a coal gasification plant from 1924 to 1956, with waste material including coal tar deposited on-site — giving rise to the name "Tacoma Tar Pits." A metal recycling business subsequently operated at the site beginning in 1967, involving the disassembly of automobiles, appliances, batteries, and transformers. The site underwent federal cleanup planning that produced a Record of Decision with an estimated total remediation cost of $15,000,000. Construction of the selected remedy has been completed, and the site is now in performance monitoring. 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.
Industrial operations at this property began more than six decades before 1986, spanning coal gasification and metal recycling — both generators of persistent contamination requiring large-scale remediation. The $15 million estimated cleanup cost reflects the scale of liability tied to operations conducted during the era when occurrence-based CGL policies carried no effective pollution exclusion. Historical carriers who covered the coal gasification plant or the early decades of the metal recycling operation may bear obligations for remediation expenditures already incurred and for the ongoing monitoring costs that remain.
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.