This property has a documented history as a industrial and manufacturing facility going back to 1980. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
FiberChem produced fiberglass resin products at this Kent industrial property during the early 1980s, operating above-ground storage tanks and receiving chemical deliveries by rail car. Pre-existing contamination from the routine transfer of chemicals from rail cars to on-site holding tanks was identified in spring 1991, separate from a truck spill that occurred in August of that year. Environmental site assessments conducted in 1991 and 1992 confirmed non-halogenated organic solvents in groundwater and surface water. The site has since achieved No Further Action status under the Standard Cleanup program. 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 solvent contamination at this property traces to fiberglass resin manufacturing operations that were active during the early 1980s — years before the 1986 shift away from occurrence-based Commercial General Liability coverage. The gradual release from routine chemical handling at the facility is precisely the type of operational contamination those pre-1986 policies were written to cover. Investigation and remediation costs incurred to bring this site through the Standard Cleanup program to No Further Action represent expenditures that historical carriers who insured the facility during that early-1980s window may still be obligated to fund.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.