This property has a documented history as a farm and agricultural operation going back to 1956. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This Yakima property was operated as a commercial greenhouse by Fred and Rose Baur from 1956 until its closure in 2006, with a variety of herbicides and pesticides applied throughout that fifty-year period. Cleanup under the Voluntary Cleanup Program has begun, with initial investigation including excavation to eight feet below ground surface and temporary staging of recovered soil for future disposal. Planned remediation includes additional soil excavation and disposal, installation of impermeable barriers, stormwater engineering controls, and a Restrictive Covenant to govern future land use. 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 pesticide and arsenic contamination documented at this site traces directly to greenhouse operations that began in 1956 — three decades before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion. Those pre-1986 carriers who issued CGL coverage to the Baurs during their operational window may be obligated both to recover documented investigation expenditures and to fund the substantial remediation work — excavation, barriers, long-term controls — 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.
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.
