This property has operated as a Boise Cascade Corporation plywood mill located approximately 2.5 miles east of Kettle Falls in Stevens County. Three underground storage tanks — installed in 1965 and 1977 to fuel on-site mobile equipment — were removed after contamination was discovered in 1989, traced to a loose union between the diesel tank suction line and pump. Cleanup under the Standard Cleanup program has included excavation of 380 cubic yards of contaminated soil, additional test-pit investigation, backfilling with clean fill, and installation of five PVC screens to support a future vapor extraction system. Remediation 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.
The petroleum contamination at this mill originated from underground storage tanks installed in 1965 and 1977 — more than a decade before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The release was a slow, operational leak from a faulty fuel-line connection, exactly the kind of gradual-onset event those policies were written to cover. Documented remediation costs already incurred — tank removals, soil excavation, vapor extraction infrastructure — along with cleanup work still ahead, 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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.