The DeJong Packing Co. property at 1892 Kok Road in Lynden operated as an agricultural packing facility with two underground storage tanks installed in 1964 to store leaded gasoline, along with diesel fuel storage on site. Cleanup between 2004 and 2007 under the Standard Cleanup program included demolition of site buildings, excavation of 55.5 cubic yards of contaminated soil, and removal of approximately 5 gallons of concentrated old diesel fuel. The project concluded with a No Further Action determination. 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 underground storage tanks installed at this property in 1964 — more than two decades before the 1986 pollution-exclusion shift — stored leaded gasoline and contributed to the soil contamination that eventually required excavation and building demolition. Any occurrence-based CGL policies carried by DeJong Packing Co. during the years those 1964-era tanks were leaking would have covered exactly this kind of gradual release without a pollution exclusion. The remediation costs documented between 2004 and 2007 — soil excavation, contaminated-material disposal, structural demolition — are the type of expenditures those historical policies were written to fund.
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.
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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.