This property at 700 North Ennis Street in Port Angeles operated as a paper and pulp mill under ITT Rayonier, Inc., with hydraulic oil and PCB contamination traced to bailing presses within the facility confirmed by sampling in 1989 and 1990. Remediation included the installation and long-term operation of an oil recovery system with associated groundwater treatment wells, running from at least 1992 through 2011, as well as soil cleanup to specified regulatory levels. The cleanup culminated in the termination of a restrictive covenant that had been placed on the property. 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.
The hydraulic oil and PCB releases documented at this site originated from pulp mill operations that predated 1986, the year occurrence-based Commercial General Liability policies began incorporating effective pollution exclusions — meaning the policies in force when these releases occurred carried no such bar. ITT Rayonier's multi-year remediation program — oil recovery wells, groundwater treatment, soil cleanup to regulatory standards, and nearly two decades of monitoring and operation — represents documented expenditures directly tied to those pre-1986 industrial releases. Historical carriers who issued CGL policies to Rayonier during the operational period when the contamination originated may remain obligated to fund recovery of those cleanup costs.
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.