Metro Dash Point Park has been in continuous public operation since its official establishment in 1922 by Metro Parks Tacoma, an agency with roots in the City of Tacoma Charter of 1880. In May 2008, an anonymous complaint reported a release of approximately 50 gallons of mineral oil containing PCBs from a corroded transformer casing on the property, with the substances identified as available to groundwater through less than perfect containment. The site is now in the Standard Cleanup program awaiting remediation, with a Ground Water/Human Health hazard score of 44.8 and suspected PCB and petroleum contamination in groundwater. 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.
The transformer infrastructure at this park predates 1986, and the park itself has been continuously operated since 1922 — a period during which occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The PCB-contaminated mineral oil release and resulting groundwater contamination pathway represent cleanup liabilities tied to infrastructure that was in place during that pre-1986 policy window. Historical carriers who covered Metro Parks Tacoma's operations during those decades may bear obligations for the investigation and remediation costs the property now faces.
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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.