This property has a documented history as a farm and agricultural operation predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
Judson Lake is an agricultural property in Whatcom County where decades of waterfowl hunting deposited lead shot into the soil, contaminating the lake and causing documented poisoning of swans. Investigation and remediation efforts spanning 1999 through 2008 included a multi-year hazing program (2006–2008) to deter waterfowl from the contaminated lake, law enforcement compliance checks for non-toxic shot use, public outreach promoting non-toxic alternatives, capture and rehabilitation of affected swans, and hazardous waste disposal from investigation samples. The surrounding land use is primarily agricultural, dominated by crop farming and dairy operations, and no active cleanup has yet commenced. 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.
Lead shot deposition at this site has been documented since at least 1925 — more than six decades before Washington State banned lead shot for waterfowl hunting in 1989 and well before 1986, when occurrence-based Commercial General Liability policies were the industry standard with no effective pollution exclusion. The contamination here is cumulative, built across hunting seasons over many pre-1986 decades, precisely the type of gradual ongoing release those policies were written to address. Investigation expenditures, wildlife rehabilitation, hazing operations, and the remediation costs yet to come represent potential claims against historical carriers whose CGL policies were in force while the lead shot was actively being deposited.
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.
