This 387-acre property has served as a US Navy military training range since 1940, with rifle and pistol range operations generating lead contamination over decades of use. Environmental assessments beginning in 1988 identified lead-contaminated soil, and a 1998 soil stabilization project excavated and treated affected material in a processing mill while tilling stabilizing agents into surrounding soil. Monitoring and management activities continued through at least 2003; the site remains in the Awaiting Cleanup phase under Ecology's Standard Cleanup program. 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.
Lead contamination at this property originated from military range operations that began in 1940 — more than four decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion. The slow, cumulative nature of lead deposition from decades of firearms training is precisely the kind of ongoing release those pre-1986 policies were designed to cover. With full-scale cleanup still ahead, the remediation costs this site faces — investigation, design, soil treatment, and long-term monitoring — could plausibly be funded by historical carriers whose policies were in force during the decades of contaminating operations.
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.