This Seattle property has hosted continuous commercial and industrial operations since before 1917, with successive tenants including York Construction & Supply, Alaska Barrel Company, Perry Brothers wholesale poultry, and Chasen City Floor Company spanning decades of use through the 1980s. Oil-heated buildings and underground storage tanks were installed circa 1950; the USTs were not removed until 1991 and 1993. An independent remedial action investigation documented tetrachloroethylene (PCE) and vinyl chloride in groundwater at concentrations exceeding MTCA Method A cleanup levels, and while total petroleum hydrocarbons in groundwater have been addressed to standards, Ecology's 2012 opinion letter confirmed that further remedial action for PCE and vinyl chloride is still required. 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 and commercial operations at this property began more than six decades before 1986, the year occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The groundwater contamination now requiring further remediation — PCE and vinyl chloride, both hallmarks of industrial solvent use — traces to operations conducted under policies that had no effective pollution exclusion in Washington. Documented remediation expenditures to date and the cleanup costs still ahead represent obligations that historical carriers who insured these pre-1986 operations may be required to fund.
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.