This property has operated as an asphalt and asphaltic products manufacturing facility since the mid-1970s, with site infrastructure including asphalt mixers and hoppers, loading and conveyor facilities, and an underground tank farm for heated asphalt storage. Cleanup activities to date have included the excavation and removal of a diesel fuel underground storage tank and associated contaminated soils, which were treated on-site through oxidation using a burner. Significant contamination remains in groundwater, and further investigation — including potential installation of monitor wells and seasonal sampling — is underway as part of an ongoing, multi-year remediation effort. 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 site stems from a leaking diesel fuel UST and an active leaking asphalt tank tied to manufacturing operations that began more than a decade before 1986. Occurrence-based CGL policies issued to Lakeside Industries during that pre-1986 operational window carried no effective pollution exclusion under Washington law and remain enforceable today. The remediation costs already incurred — tank removal, soil excavation, on-site treatment — and the substantial costs still ahead for groundwater investigation and long-term monitoring represent expenditures the historical carriers may be obligated both to recover 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.