This property was developed with a residence in 1925 and used for lead-acid battery manufacturing by the Leonhardt family during the early to mid-1930s, with battery casings incorporated into buildings constructed on site. The Glassman family acquired the property in the mid-1950s and owned it for approximately fifty years. Lead and metals contamination in groundwater and surface water has been attributed to those historical battery manufacturing operations, and cleanup is underway through Washington's Voluntary 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.
Lead contamination at this property originated from battery manufacturing operations that began in the early 1930s — more than five decades before 1986, when occurrence-based Commercial General Liability policies ceased reliably covering pollution claims. The documented metals contamination in both groundwater and surface water traces directly to those pre-1986 industrial operations. Historical carriers who issued CGL policies during the decades of battery manufacturing and subsequent property ownership may be obligated to fund both past remediation expenditures and the cleanup costs still 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.