This property has a documented history as a industrial and manufacturing facility going back to 1940. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property sits on the former 6th Avenue South Landfill, documented as active from 1940, with E & E Foods operating on the site from that period. An underground storage tank installed in the late 1970s or early 1980s stored gasoline for fueling delivery trucks; a confirmed release of gasoline to surrounding soils and groundwater was later identified, along with diesel- and heavy oil-range petroleum hydrocarbons and elevated concentrations of arsenic, cadmium, chromium, and lead in groundwater — all above MTCA Method A cleanup levels. An Environmental Covenant was recorded in 2003, but the No Further Action determination was rescinded in 2011 after a periodic review found that cleanup actions were protective of human health but not of the environment due to persisting groundwater contamination. Cleanup under the Voluntary Cleanup Program remains ongoing. 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 contamination at this site originated from operations that began decades before 1986 — landfill activity from 1940 and underground gasoline storage installed no later than the early 1980s. Occurrence-based CGL policies issued during those operational years carried no effective pollution exclusion in Washington and remain enforceable today. The rescission of the site's No Further Action status in 2011 and the documented groundwater contamination requiring continued remediation represent both past and future cleanup expenditures that historical carriers may be obligated 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.
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.