The Boeing Company Kent Benaroya facility, an industrial manufacturing site in Kent, has operated since at least 1978. The facility received RCRA notification in 1980, underwent hazardous waste inspections in 1981 and 1984, and was formally identified as a potential hazardous waste site in a 1985 preliminary assessment. Contamination suspected in groundwater includes PCBs, halogenated organics, metals, non-halogenated solvents, and petroleum products — consistent with decades of industrial manufacturing activity. Cleanup under the Standard 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 operations at this facility were established by at least 1978, nearly a decade before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The contamination profile — PCBs, halogenated organics, metals, and petroleum products in groundwater — is characteristic of sustained manufacturing activity over that pre-1986 operational window. Historical carriers who issued CGL policies during those years of Boeing's operations may be obligated both to recover past remediation expenditures and to fund the cleanup 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.