This property hosted a succession of commercial and industrial operations dating to at least 1975, including Burlington Northern Santa Fe Railroad activities (1975–1980), Cascade Concrete (1980), and Speedy Mix Concrete (1984), following decades of rural residential and agricultural use from the late 1930s. A Remedial Investigation has confirmed that tetrachloroethylene (PCE) exceeds MTCA Method A cleanup levels in groundwater at the site, with a completed soil-to-groundwater contamination pathway. 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 industrial operations at this property began more than a decade before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The PCE contamination detected in groundwater here — a halogenated solvent commonly associated with industrial operations of that era — represents the type of gradual, subsurface release those policies were written to cover. Historical carriers who insured the operators during the pre-1986 window may be obligated to recover remediation costs already incurred and to fund the cleanup work that remains 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.