This property has operated as a lumber mill, with two underground storage tanks used to refuel company vehicles and equipment on site. The USTs were removed in 1993, prompting excavation and off-site disposal of approximately 192 cubic yards of contaminated soil, with an additional 30 cubic yards land-farmed on site. Groundwater monitoring wells were installed in 2003, and natural attenuation has served as the remediation mechanism for residual contamination over the decades since. The site has received a No Further Action determination and remains in active use as a lumber mill. 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 petroleum and lead contamination at this property originated from underground storage tanks that predate 1986 — the presence of lead in the gasoline-affected soil is itself a marker of that era, since leaded fuel was phased out before the mid-1980s. Occurrence-based Commercial General Liability policies issued to the operator during that pre-1986 window carried no effective pollution exclusion under Washington law. The documented remediation expenditures — tank removals, soil excavation and disposal, land farming, well installation, and decades of groundwater monitoring — represent costs that the historical carriers who covered the lumber operation may still be obligated to reimburse.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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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.