This property has a documented history as a industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property in Chehalis was historically operated by an Industrial Commission and features two large buildings formerly used for storage, with county records carrying a "Manufacturing - Furniture" land use designation. A Phase II Environmental Site Assessment and subsequent Initial Investigation Report confirmed metals contamination in groundwater at concentrations exceeding cleanup levels, resulting in the site's listing under Ecology's Standard Cleanup program as Awaiting Cleanup. Investigation activities to date have been limited to groundwater sampling and disposal of investigation-derived waste; no active remediation 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.
Metals contamination of the type identified here — groundwater exceedances tied to a documented industrial history — is characteristically the product of long-running operations rather than a discrete incident. If the industrial activities at this property were underway before 1986, the occurrence-based Commercial General Liability policies in force at the time carried no effective pollution exclusion under Washington law and may remain enforceable today. With the site currently awaiting formal remediation, the costs of cleanup design and implementation lie entirely ahead — and identifying historical carriers whose policies were active during the operational years could provide a meaningful source of funding for those expenditures.
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.
