This 2.16-acre property at 2210 Port Industrial Road in Aberdeen served as a beverage distribution warehouse, with an approximately 21,230-square-foot building and paved driving area supporting fleet logistics operations. Environmental investigations beginning in 2003 detected lead, diesel-range, and heavy-oil-range petroleum hydrocarbons in site soils, with additional contamination linked to the adjacent Harbor Battery facility, which has operated since 1920. An ERTS report and Early Notice Letter were issued in 2020, and the site is now under Ecology's Standard Cleanup program, though active remediation has not yet commenced. 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.
Contamination at this property traces to industrial operations — including the neighboring Harbor Battery facility's century-long presence dating to 1920 — that were well established decades before 1986. CGL policies issued to operators during that era would have covered the lead, arsenic, chromium, and petroleum hydrocarbon contamination now documented in site soils, and carriers who wrote those policies may owe both reimbursement for the investigation and characterization costs already incurred and funding for the remediation work that lies 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.
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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.