This property operated as Great Western Lumber Co., a sawmill and planing mill in Whatcom County, with underground storage tanks for gasoline and diesel fuel installed around 1968–1969 to support mill equipment operations. Three USTs — a 1,000-gallon gasoline tank, a 6,000-gallon diesel tank, and a 10,000-gallon diesel tank — were decommissioned and removed, and approximately 100 cubic yards of petroleum-contaminated soil were excavated and stockpiled onsite for eventual remediation. The site is listed with the Toxics Cleanup Program and cleanup work 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.
Petroleum contamination at this property traces to underground storage tanks installed and operated from the late 1960s — nearly two decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The documented remediation costs — UST decommissioning and removal, soil excavation, and ongoing site management under the Toxics Cleanup Program — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the mill's operational window may be obligated both to recover past cleanup expenditures and to fund remediation still ahead.
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.