This property has a documented history as a public works and maintenance facility going back to 1960. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.

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 groundwater contamination at this property — arsenic and lead released through a failed clay liner — originated during municipal wastewater treatment operations conducted more than two decades before 1986. Occurrence-based CGL policies in effect during the 1960s operational period carried no effective pollution exclusion and remain potentially enforceable today. The remediation expenditures incurred to bring this site to No Further Action status represent costs that historical carriers who covered the City of Kent's wastewater operations may still be obligated to recover.

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.