Morrison Lumber Company operated as an industrial lumber facility in Edison, Skagit County, with at least one underground storage tank on the property. Soil and groundwater contamination above regulatory levels has been identified near a former underground storage tank excavation on the site. The site was previously reported as cleaned up, but remaining contamination prompted further investigation and additional cleanup action under Ecology's Standard Cleanup program. Remediation 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.
The contamination at this property is associated with underground storage tank operations that predate 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. With initial cleanup already completed and further remediation now required, the site carries both documented past expenditures and prospective cleanup costs — additional investigation, soil removal, and groundwater treatment — that historical carriers whose policies were in force during the tank's operational years may be obligated to reimburse 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.