The Treoil Industries Biorefinery processed tall oil and refined biodiesel at this Ferndale property, with industrial operations dating to the late 1980s and the site previously owned by Burlington Northern Railroad before 1988. A 2000 report documented many years of poor housekeeping, and an old spill was noted as early as 1992. Cleanup actions in 2017 and 2022 have included the removal of 93,000 gallons of liquid waste, 275 tons of contaminated soil, sludge, and debris, 474 hazardous chemical containers, eight cubic yards of asbestos-containing material, and the decommissioning of aboveground storage tanks and secondary containments. Remediation at the site is ongoing under the Standard Cleanup program. 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.
Contamination at this property — bio-oil residues, petroleum products, metals, and phenols — accumulated over decades of industrial use at a site with commercial ownership predating 1988 and documented poor practices stretching back many years before they were first reported. Occurrence-based CGL policies issued during the pre-1986 window, when pollution exclusions were not yet standard in Washington, may cover the progressive contamination that built up during that period. The remediation costs already documented — tens of thousands of gallons of liquid waste removal, hundreds of tons of soil excavation, hazardous container disposal, and facility decommissioning — along with ongoing cleanup obligations represent expenditures that historical carriers may be obligated both 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.