This property has a documented history as a farm and agricultural operation going back to 1974. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
Biringer Berry Farm operated as a strawberry-growing operation from at least 1974, with Michael Biringer applying ethylene dibromide (EDB) as a nematode pesticide until he stopped growing strawberries in 1980–1981. EDB contamination was discovered in a private well in 1984, and the affected residence was connected to the City of Marysville public water system that same year as the primary remediation measure. The farm was subsequently redeveloped into residential homes by 1991, and Ecology issued a No Further Action determination in 1994. 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.
EDB applications at this farm ran from at least 1974 through 1980–1981 — six to seven years of pesticide use that predates the 1986 watershed for occurrence-based CGL policies by at least five years. The contamination was discovered and remediated in 1984, entirely within the window when pre-1986 policies were still in force and carried no effective pollution exclusion. Historical carriers whose policies covered the farm during those years of EDB application may still be obligated to recover the costs of that remediation.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.
