The ELDEC North Creek Facility operated as a circuit board manufacturer for the aerospace industry from 1987 through 2005, using solvents, lead, and cyanide in its manufacturing processes. Site records also document removed fuel pumps and 500-gallon underground storage tanks on the property. A groundwater investigation and monitoring project conducted in 2005–2006 examined chemicals associated with the circuit board manufacturing operations, and the site received a No Further Action determination under the Voluntary Cleanup Program. 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.
Underground storage tanks at this property were removed before the 2005 investigation, indicating fuel-handling infrastructure that may have been in service before 1986 — when occurrence-based CGL policies were still standard and lacked effective pollution exclusions in Washington. The solvents, lead, and cyanide used in ELDEC's circuit board manufacturing from 1987 through 2005 add a second dimension to the site's contamination profile. Historical carriers who provided CGL coverage during the operational period of those tanks may bear obligations for the investigation and remediation expenditures this property has incurred.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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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.