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 — and recover costs already spent.
The Tuttle Property in Langley was operated by Harold and Lauretta Tuttle as a rhododendron-cultivation facility prior to the property's sale before August 1996. Sampling at the site detected elevated concentrations of insecticides — including Carbaryl and DDT — and herbicides — including Atrazine and Dichlobenil — consistent with the facility's agricultural operations. Remediation is proceeding under an Agreed Order covering site characterization, investigation, and the removal, treatment, or disposal of contaminated soil; a temporary cover has already been placed over one contaminated area, with Remedial Investigation, Feasibility Study, and Cleanup Action Plan stages still underway. 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 contamination identified at this property — most notably DDT, whose primary agricultural use was federally banned in 1972 — traces directly to rhododendron-cultivation operations actively conducted well before 1986. Occurrence-based Commercial General Liability policies issued to the operators during that pre-1986 window carried no effective pollution exclusion and remain enforceable against historical carriers. The remediation expenditures documented under the Agreed Order — site investigation, soil removal, temporary containment measures, and the feasibility and cleanup planning work still ongoing — represent costs those carriers may be obligated both to recover and to fund as the cleanup proceeds.
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.
