This property was purchased by the Lewis County Road District in 1951 and has operated as a county maintenance facility since the late 1950s, housing vehicle repair operations and the Traffic Control Division of the Public Works Department. Cleanup under the Standard Cleanup program has included tank and soil excavation removing up to 590 tons and 75 cubic yards of contaminated material with bioremediation, recovery of 2,700 gallons of impacted water, and groundwater treatment using activated carbon and permanganate. Remediation has also involved phased water supply replacements, institutional controls, and extensive multi-year groundwater monitoring, with the site now in performance monitoring following construction completion. 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 facility stems from maintenance operations that began in the late 1950s — nearly three decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. Documented remediation expenditures spanning soil excavation, groundwater treatment, water supply replacements, and long-term monitoring represent costs tied directly to those pre-1986 operations. Historical carriers who issued CGL policies to Lewis County during that operational window may be obligated to recover past cleanup costs and to fund the ongoing monitoring program.
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.