This industrial property in Tacoma has hosted structures since at least 1944, with historical aerial photographs documenting deposits of dark fill material beginning in the northern portion of the site by 1950 and expanding across the property through subsequent decades. The fill — sourced in part from a former US Gypsum property — introduced arsenic, cadmium, and lead contamination, with groundwater analyses confirming all three metals above MTCA Method A cleanup levels. The site is enrolled in Washington's Standard Cleanup program and awaiting remediation. 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 filling and storage operations at this Tacoma property began more than three decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The metals contamination now requiring cleanup — arsenic, cadmium, and lead deposited through mid-20th-century fill activities — traces directly to that pre-1986 operational window. Historical carriers whose CGL policies were in force during those decades of filling operations may bear obligation to fund the investigation and remediation costs this property now faces.
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.