This property has a documented history as a industrial and manufacturing facility going back to 1975. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property was historically operated as a concrete and asphalt crushing and recycling business, with fill material placed at the site between 1978 and 1981 during those industrial operations. A Phase I Environmental Site Assessment completed in April 2007 identified contamination tied to the site's past industrial use, leading to enrollment in Washington State's Voluntary Cleanup Program. The preferred cleanup action — partial removal of approximately 8,500 cubic yards of contaminated fill with off-site disposal, site-wide asphalt and gravel capping, and point-of-compliance groundwater monitoring with natural attenuation — carries an estimated cost of $380,000, with quarterly groundwater sampling and annual cap inspections ongoing. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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 property, including fill placement and concrete and asphalt recycling, were underway by at least the mid-1970s — more than a decade before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and lacked effective pollution exclusions. The contamination here is characterized as diffuse and historical, directly attributable to those pre-1986 industrial activities rather than any recent release. Carriers that issued CGL policies during the site's active operational period may bear obligations both to recover documented remediation expenditures and to fund the long-term groundwater monitoring program that remains ahead.
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.
