This property served as a wood products manufacturing and processing facility beginning in the 1930s, with Agnew Lumber/Veneer Company operating on site from the early 1970s through 1988, processing logs into veneer and treating cedar fence posts with pentachlorophenol (PCP) and diesel via a dipping process. Past cleanup work included excavation and offsite disposal of 150 cubic yards of impacted soil and burn debris in 2001–2002, followed by capping and revegetation. Multi-year investigations from 2016 through 2019 have involved groundwater monitoring and phased studies under the Voluntary Cleanup Program, with remediation alternatives — soil removal, in-situ solidification and stabilization, containment, institutional controls, and long-term monitoring — now under evaluation. Cleanup work is ongoing. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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.
Pentachlorophenol and diesel contamination at this property originated from fence-post treatment operations conducted from the early 1970s through the early 1980s — squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The remediation costs already incurred — soil excavation, capping, years of groundwater monitoring and investigation — and the additional costs now being scoped represent expenditures that historical carriers who insured these operations may be obligated both to reimburse and to fund going forward. Pre-1986 CGL policies issued to the operators during the years PCP dipping was active remain a plausible source of recovery for this site's documented cleanup liability.
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.
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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.