This property was part of the Pope & Talbot mill complex in Port Gamble, an industrial facility that closed in 1995. During decommissioning in 1996, a diesel underground storage tank, associated product lines, and a dispenser were removed, and approximately 65 cubic yards of petroleum-contaminated soil were excavated along with 1,450 gallons of groundwater. Confirmation sampling demonstrated that cleanup standards were met, and Ecology issued a No Further Action determination in 2012. 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.
The diesel UST at this site served industrial mill operations that were well established before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The petroleum release discovered during decommissioning — and the remediation costs that followed, including tank removal, soil excavation, and groundwater recovery — trace directly to infrastructure installed and operated during that pre-1986 coverage window. Historical carriers who wrote CGL policies for the mill's operators during those decades of industrial use may still be obligated to reimburse those documented cleanup expenditures.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.