This property has a documented history as a industrial and manufacturing facility going back to 1936. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property housed the Borden Chemical facility, with original buildings constructed in 1936 and continuous industrial use confirmed by aerial photographs from the 1930s onward. The facility was fully built out between 1960 and the mid-1970s, producing formaldehyde until 1999, with documented releases of methanol and formaldehyde occurring in the 1980s. Environmental investigations spanning more than 17 years included groundwater monitoring from 1987 through 2000 under the Voluntary Cleanup Program, identifying halogenated organics, metals including arsenic, petroleum products, phenolic compounds, and non-halogenated solvents in groundwater. The site has received a No Further Action determination. 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.
Industrial chemical operations at this property began in 1936 — five full decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions in 1986. The groundwater contamination documented here, including halogenated organics, arsenic, phenolic compounds, and formaldehyde-related releases, traces directly to manufacturing operations conducted under policies that had no effective pollution exclusion. More than 17 years of environmental investigation and monitoring costs were incurred to address contamination rooted in those pre-1986 operations, and historical carriers who issued CGL policies during that window may still bear obligation for those expenditures.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.