This property operated as the Kosmos Lumber Mill from 1904 until sometime in the 1960s, with the facility abandoned and demolished prior to 1968. The mill's operations included railroad lines, multiple buildings, and a log pond, with underground storage tanks and piping supplying petroleum products throughout the site. Bunker C oil seeps were discovered in April 2019, triggering multi-year investigations and extensive remediation — including excavation and off-site disposal of over 10,956 tons of impacted soil, removal of underground storage tanks and a separate-phase petroleum layer, pumping and disposal of 186,200 gallons of contaminated groundwater, sediment removal, installation of an engineered cap, and deployment of oil-adsorbing best management practices. Cleanup work and monitoring remain 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 site originated from lumber mill operations and associated underground storage infrastructure that were in place for more than six decades before 1986, when occurrence-based Commercial General Liability policies still provided broad pollution coverage. The documented remediation expenditures — large-scale soil excavation, groundwater treatment, engineered capping, and years of investigation and monitoring — represent substantial costs tied directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies to the mill's operators during that long operational window may be obligated both to recover costs already incurred and to fund the cleanup work that lies 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.