This property operated as the Sedro-Woolley Lumber Mill from the early 1900s through the early 2000s, with ownership passing through Sedro-Woolley Lumber Company, WTD Industries, and TreeSource Industries. Lumber mill operations contaminated soil and groundwater across the property and neighboring parcels, and cleanup activities have included mill decommissioning and demolition (2000–2006), multi-year soil remediation at depths up to 15 feet, petroleum-contaminated soil removal at a former shake mill and fueling station, treatment of groundwater impacts at a fabrication shop LUST area, and soil cleanup near a former maintenance shop. Cleanup work under the Standard Cleanup program is ongoing. 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 property traces to lumber mill operations that began in the early 1900s and ran continuously for roughly a century, with neighboring underground storage tanks installed as early as 1964 — all decades before the 1986 shift away from occurrence-based Commercial General Liability coverage. CGL policies issued to the successive mill operators across that multi-decade pre-1986 window would have covered precisely the kind of slow, operational contamination documented here. The remediation costs already incurred — demolition, deep soil excavation, groundwater treatment, and petroleum cleanup across multiple areas — and those still ahead represent expenditures the historical carriers may be obligated both to recover and to fund going forward.
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.