This property has supported continuous industrial operations since at least 1947, beginning with plywood manufacturing that ran through 1980, followed by lumber production into the early 1980s, fiberglass yacht manufacturing from the 1990s through 2007, and various machine shop and ferry maintenance activities. Cleanup work has included the 1992 removal of a 375-gallon underground storage tank and approximately 35 cubic yards of contaminated soil, over-excavation of residual contamination areas, and groundwater monitoring conducted from 2011 to 2012 to assess remaining impacts. Cleanup is ongoing under the 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.
Gasoline contamination at this site originated from fueling and maintenance operations supporting industrial activities that began decades before 1986 — the UST removed in 1992 was likely installed around 1967 based on its service life, squarely within the era of occurrence-based CGL policies with no effective pollution exclusion. The documented remediation expenditures — tank removal, soil excavation, over-excavation of residual areas, and multi-year groundwater monitoring — represent costs tied to releases from those pre-1986 operations. Historical carriers who covered the industrial operators during that window may be obligated both to reimburse past cleanup costs and to fund the remaining work.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.