This property operated as the Skagit Manufacturing facility beginning as early as 1918, with buildings constructed between 1918 and 1975 housing a foundry, machine shop, weld shop, paint shop, and shot blast shop. PCB contamination from machine coolants has been documented, and past remediation by Hart Crowser included underground storage tank removals and excavation of an associated soil pile of seven cubic yards. An open PCB excavation remains unresolved, with 1.75 cubic yards of PCB-contaminated sediments still requiring cleanup and disposal, 132 drums of consolidated waste on site, and 700 gallons of tank contents awaiting treatment — at an estimated total cleanup and disposal cost of $97,500. 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.
Industrial operations at this site — foundry work, hydraulic machining with PCB-laden coolants, welding, painting — ran continuously from 1918 through at least the mid-1970s, generating contamination that decades later still requires $97,500 in estimated cleanup and disposal costs. That sixty-plus-year operational window predates 1986 by generations, placing it squarely within the coverage period of occurrence-based CGL policies that remain enforceable for ongoing contamination originating during their terms. The carriers who insured this facility's industrial operations bear exposure to both the outstanding remediation costs and any additional liability that emerges as the open PCB excavation and sediment disposal proceed.
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.