This property served as the site of Brazier Forest Industries within the Port of Vancouver industrial area, where warehouses and other facilities supported timber industry operations. Releases of petroleum products — diesel-range and gasoline-range organics — contaminated soil and groundwater at the site. A cleanup action was reported in 1992, followed by participation in the Voluntary Cleanup Program from 2000 to 2006, and groundwater monitoring that continued through at least 2010. The last warehouse on the property was demolished between 2006 and 2009. 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 resulted from timber-industry operations that were underway well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Nearly two decades of documented remediation activity — initial cleanup action, Voluntary Cleanup Program participation, and long-term groundwater monitoring — represent costs tied directly to those pre-1986 industrial operations. With cleanup still in progress, the historical carriers who insured Brazier Forest Industries during the contamination period may be obligated both to recover past remediation expenditures and to fund the work that remains.
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.