This property's industrial history extends back more than a century, beginning with the Jamison Shingle Mill, which operated at the site from at least 1914 through the mid-1960s. Subsequent occupants included Cruise-A-Home, Inc., which constructed buildings on the property between 1978 and 1980, followed by Marpac Products, Inc. and its Tri Coating division — predecessors to TC Systems, Inc. — conducting industrial metal coating operations from approximately 1979 onward, with Norton Industries acquiring the property in December 1983. Contamination in groundwater includes metals (arsenic among them), petroleum products, PCBs, PAHs, non-halogenated solvents, and base/neutral/acid organics; cleanup under a Standard Cleanup program and Agreed Order 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.
Industrial operations at this Everett property span continuously from at least 1914 through and well past the pre-1986 occurrence-based CGL era, with metal coating and manufacturing activities firmly established by the late 1970s and early 1980s. The contamination profile — metals, solvents, PCBs, and petroleum products detected in groundwater — is consistent with the types of industrial releases that occurrence-based policies written during that window were designed to cover. Documented remediation obligations under the Agreed Order, and the prospect of further cleanup expenditures at this active Standard Cleanup site, represent liabilities that historical carriers who underwrote these operations before 1986 may 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.