This property lies within the Tacoma Smelter Plume, a legacy of the Asarco smelter that operated from 1890 to 1985 and deposited arsenic and lead across the surrounding area through airborne fallout. The site also hosted automotive repair and automobile storage operations that continued until the early 2000s. A site investigation confirmed arsenic, cadmium, chromium, lead, and mercury in groundwater exceeding MTCA Method A cleanup levels, and remediation was carried out under the Voluntary Cleanup Program. The site received a No Further Action determination. 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 metals contamination at this property — arsenic, cadmium, chromium, lead, and mercury — traces to the Asarco smelter plume, an industrial source that operated continuously from 1890 through 1985 and ceased before the 1986 shift away from occurrence-based CGL coverage. Policies issued during the smelter's nearly century-long operating period may cover the remediation costs incurred to bring this property to its No Further Action status. The documented groundwater contamination and cleanup expenditures under the Voluntary Cleanup Program provide a concrete cost trail tied to a definitively pre-1986 contamination source.
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.
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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.