This property has operated as the Friese Hide & Tallow cattle hide curing and export facility since the early 1900s, with the current facility constructed in 1978 on land zoned for manufacturing by the City of Ferndale. Two underground storage tanks holding gasoline and diesel for fueling facility vehicles were removed in February 1991, followed by installation of a groundwater treatment system with activated carbon filtration and additional pumping and monitoring wells. Remediation and monitoring activities continued for at least 19 years through 2010, including follow-up soil and water sampling. 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.
Petroleum contamination at this site originated from underground storage tanks that were in service by at least 1966, two decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The remediation expenditures documented here — tank removal, soil excavation, groundwater treatment, carbon filtration, and nearly two decades of monitoring — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the tanks' operational window may still be obligated both to recover past cleanup costs and to fund the ongoing remediation.
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.