This property has a documented history as a industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
The Alaska Packers Association property in Blaine served historically as a salmon cannery and commercial fishing boat repair yard, with contamination from those industrial operations — petroleum hydrocarbons, metals, and polynuclear aromatics — identified as early as 1990. An independent cleanup action in the fall of 1993 addressed five contaminated areas, removing 3,722 cubic yards of overburden soils, 3,282 cubic yards of contaminated soils, and 6,028 tons of contaminated material for off-site disposal, along with an underground storage tank, soil screening, and installation of a subsurface barrier. The site was subsequently enrolled in Washington's Voluntary Cleanup Program from 2004 through 2010, though active remediation during that latter period was limited, and cleanup remains ongoing. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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 contamination at this property traces directly to cannery and boat repair yard operations that pre-date 1986 by decades, placing the source releases squarely within the era of occurrence-based Commercial General Liability policies that carried no effective pollution exclusion. The underground storage tank removed in 1993 is estimated to have been installed by 1968 or earlier, meaning its entire operational lifespan fell within that pre-exclusion window. The documented remediation record — five-area excavation, removal of more than 9,000 cubic yards and tons of contaminated material, barrier installation, and multi-year VCP enrollment — reflects expenditures that historical carriers whose policies covered those industrial operations may be obligated to fund as remediation continues.
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.
