Between 1970 and 1973, this Tacoma property received industrial byproducts — lime sludge from chemical production, auto fluff and shredder residue from automobile scrapping, sand, cobbles, and construction and demolition debris — placed as fill in the southern portion of the site. The property was also used during that era for the storage of automobile scrap parts and other metal items. Environmental investigations began as early as 1984, and active cleanup is now underway, encompassing remedial investigation, feasibility studies, cleanup action plan development, and groundwater monitoring; proposed future work includes capping with clean fill, consolidation of impacted soil and sediments, institutional controls, and grading. 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.
All contamination at this site is attributed to disposal and storage operations carried out in the early 1970s — more than a decade before 1986, when occurrence-based Commercial General Liability policies began routinely excluding pollution claims. Lime sludge, shredder residue, and mixed industrial fill placed during that window represent exactly the kind of gradual, decades-long release that pre-1986 CGL policies were written to address. The documented and projected remediation costs — investigation, feasibility work, capping, soil consolidation, and long-term institutional controls — represent expenditures that historical carriers whose policies were in force during the 1970–1973 operational period may be obligated to recover and to fund going forward.
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.