This property has a documented history as a industrial and manufacturing facility going back to 1957. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as a log sort and chipping yard from at least 1957, with ASARCO slag used as yard ballast throughout the period of active tenant operations from 1964 through September 1986. That slag introduced arsenic, lead, and other metals into site soils and groundwater, with contamination studies identifying metals in surface water runoff as early as 1981 and 1985. Remediation has been underway since at least 1987, encompassing consolidation and subsequent removal of 95,121 tons of material from an initial containment cell, excavation of an additional 24,560 tons of arsenic-impacted soil, and construction of an extensive stormwater management system including catch basins, oil-water separators, biofiltration swales, and tide gates. The site has reached the construction-complete stage and is now under long-term groundwater and surface water performance monitoring. 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 metal contamination at this property originated exclusively from ASARCO slag deposited as operational fill between 1964 and 1986 — a 22-year window that falls entirely within the era when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. Carriers that issued CGL coverage to the log yard operators or the property owner during that operational period may remain obligated under those policies today. The scale of documented remediation — more than 119,000 tons of excavated and removed material, engineered caps, shoreline stabilization, and ongoing performance monitoring — represents precisely the category of substantial, continuing cleanup expenditure that historical insurance recovery is designed to reach.
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
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.
