This property has been in industrial use since 1935, when the first cold storage buildings were constructed. A Phase I Environmental Site Assessment documents Building B built circa 1935 and Building A circa 1938, with tenants including Washington Packers Inc. identified from at least 1945 and structures modified through 2013. Following a fire on August 21, 2021, a site investigation identified contamination in groundwater, and the property entered the Voluntary Cleanup Program. Six contaminant classes — halogenated solvents, benzene, petroleum diesel, petroleum gasoline, petroleum other, and PFAS — are confirmed in groundwater, and cleanup work is underway. 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 in 1935 and continued through the decades when occurrence-based Commercial General Liability policies were the industry standard — a pre-1986 window spanning more than fifty years. Six contaminant classes are now confirmed in the property's groundwater, and cleanup costs are actively being incurred under the Voluntary Cleanup Program. Historical carriers who issued CGL policies during this extended industrial operating period may bear obligations both to reimburse remediation costs already incurred and to fund the cleanup work still ahead.
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.