This property was initially developed in 1949 and has been in continuous industrial use since — first by the Fruehauf Trailer Company for trailer manufacturing and servicing, then by Industrial Plating Corporation (IPC), which began metal plating operations in the early 1950s and operated through 2008. Plating work involved degreasing with trichloroethylene (TCE) and other solvents, generating halogenated and non-halogenated VOC contamination, along with metals and benzene, now confirmed in groundwater, surface water, and air. The site was listed on Ecology's Confirmed and Suspected Hazardous Waste list in 1988 based on a 1985 EPA report, 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.
Industrial plating and solvent-degreasing operations at this property began more than three decades before 1986, when occurrence-based CGL policies were standard and carried no effective pollution exclusion in Washington. The contamination profile — trichloroethylene, other halogenated and non-halogenated solvents, metals, and benzene across groundwater, surface water, and air — traces directly to those decades of pre-1986 plating operations. Remediation costs already incurred and still accumulating under the Voluntary Cleanup Program represent expenditures that historical carriers who issued CGL policies during the 1949–1986 operational 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.