This property has been in industrial use since at least 1914, with documented development, tank installations, and operations continuing through the 1920s and late 1970s. Cleanup activities conducted between 1982 and 2006 under an Agreed Order included multiple excavations removing over 500 cubic yards of contaminated fill, tank and buried structure removal, and operation of a landfarm for soil aeration treating approximately 50 cubic yards of material from late 1991 to mid-1993. A 2004 storm drain repair uncovered additional contaminated soils linked to historical shop wastes, electrical equipment, and fuel storage. The site is now in performance monitoring following construction completion. 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 operations at this property date to 1914 — more than seven decades before 1986, the year occurrence-based CGL policies ceased reliably covering pollution claims in Washington. The contamination discovered here, originating from decades of shop wastes, electrical equipment, and fuel-related activities, is characteristic of the gradual, long-tail releases those pre-1986 policies were written to cover. Remediation expenditures spanning from 1982 through 2006 — large-scale excavation, tank removal, soil treatment, and ongoing monitoring — represent costs that historical carriers who issued policies during that operational window may still 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.
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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.