This property has a documented history as a public works and maintenance facility going back to 1972. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
The Larch Mountain Correctional Center in Yacolt, Clark County is a state facility jointly owned and operated by the Washington State Department of Natural Resources and the Department of Corrections, with a motor pool, fueling station, and vehicle maintenance shop serving both agencies. Three 4,000-gallon underground storage tanks — used for vehicle fueling, space heating, and emergency generator fuel — were installed by at least 1972 and decommissioned in 1997; a 1986 contamination study documented that petroleum hydrocarbons had already migrated through the surrounding soils prior to that study date. Voluntary Cleanup Program remediation has included UST removal, excavation of approximately 120 cubic yards of impacted soil, landfarming of petroleum-contaminated soils with subsequent reuse as road fill, groundwater purging and monitoring, and removal of stained soils, though planned lead soil excavation was not funded and the project remains open. 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.
The petroleum releases at this site are directly tied to underground storage tanks installed and in operation by at least 1972 — more than a decade before occurrence-based CGL policies began incorporating effective pollution exclusions. The 1986 contamination study confirmed that transportable hydrocarbons had already migrated offsite by that point, establishing a pre-cutoff release date with documentary support. Carriers who issued CGL policies to the state operators during that pre-1986 window may bear obligations for the documented remediation costs — tank removals, soil excavation, landfarming, and multi-year monitoring — as well as the unfunded lead excavation work still 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.
