The Frito Lay facility was constructed in the early 1970s on former agricultural land and has operated continuously as a potato chip processing plant since. Petroleum-diesel hydrocarbon contamination in groundwater has been attributed to a 1991 hydraulic lift failure and spill, and site investigation also identified halogenated solvents in groundwater at lower concentrations. The site entered Washington's Voluntary Cleanup Program, with remedial investigation confirming that additional groundwater assessment is still needed. Cleanup work is ongoing. 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 facility's continuous industrial operations date to the early 1970s, more than a decade before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. While the documented petroleum hydrocarbon release is attributed to a specific 1991 incident rather than gradual pre-1986 operations, the site's long operational history — including underground storage tanks that were later decommissioned — means CGL policies were in force during decades of industrial activity at this location. With additional groundwater assessment still required, the full scope of environmental liability at this site may extend beyond the single documented release event.
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.