This property has been in continuous industrial use since 1908, when the Asphaltum Products Company began manufacturing a creosote-type paint for marine applications. The company was renamed Preservative Paint Company in 1914 and continued paint product manufacturing, packaging, and sales through successive ownership changes, including operation as Kelly Moore Paint Co. Site infrastructure included a coal storage area active from 1908 to 1950 and underground storage tanks that were replaced or removed beginning in 1985. Investigation has confirmed a broad contaminant mix in groundwater — petroleum hydrocarbons, BTEX, trichloroethylene, vinyl chloride, naphthalene, arsenic, and lead — and cleanup under the Voluntary Cleanup Program is underway. 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.
Paint manufacturing and chemical storage at this site began nearly 80 years before 1986, spanning the full era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The confirmed groundwater contamination — chlorinated solvents, petroleum hydrocarbons, and heavy metals including arsenic and lead — reflects decades of industrial operations conducted under those historical policies. Remediation costs already incurred and those still ahead as cleanup continues represent expenditures that historical carriers who insured the site's operators during that pre-1986 window may be obligated both 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.