This Tacoma property formerly housed a Nalley Fine Foods pickling plant, part of a major food-processing operation founded in 1918 that ran for decades. A multi-vehicle fire on the property in February 2016 resulted in cadmium contamination in soils exceeding cleanup levels, with metals suspected in groundwater. The site sits within the South Tacoma Groundwater Protection District and multiple wellhead protection zones, with shallow groundwater at approximately 30 feet and highly permeable soils creating a direct pathway for contaminant migration into Tacoma's drinking water wellfield. Cleanup is underway under the Standard 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.
The Nalley pickling plant's long industrial tenure at this location places the facility squarely within the pre-1986 era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. Decades of food-processing operations at the site preceded the 1986 policy shift, meaning historical carriers who insured those operations may hold obligations that extend to the property's current contamination liabilities. With cleanup costs mounting — soil remediation in a sensitive groundwater recharge area protecting Tacoma's drinking water supply — those pre-1986 CGL policies represent a potentially significant funding source for the ongoing remediation.
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.