This property has a documented history as a industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property was used for industrial fabrication, with a previous tenant operating pipe-cutting equipment and collecting cutting fluids and oils in a concrete underground storage tank. The concrete UST — a tank type predominantly installed before the 1980s — remained in place until its removal in February 2022. A site investigation has confirmed arsenic and petroleum hydrocarbons (diesel and gasoline range) in groundwater at concentrations above cleanup levels; the site is enrolled in the Voluntary Cleanup Program and awaiting cleanup. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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 concrete construction of the underground storage tank at this property places its installation squarely in the era when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. Arsenic and petroleum contamination now confirmed in groundwater above cleanup levels traces to industrial operations conducted during that pre-1986 coverage window. The investigation, remedial design, and cleanup costs the property now faces could plausibly be funded by historical carriers whose CGL policies were in effect when the contamination first occurred.
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.