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 recover the cleanup costs already paid.
This Marysville property was formerly operated by Mr. Bowers as a shipyard, with on-site storage of marine paint, paint thinners, engine oil, and hydraulic oil. A 1992 investigation found poor housekeeping practices and moderate oil staining of soil, prompting the removal of damaged cans, hardened paint, and waste oil that year. In 1999, approximately 13 tons of contaminated soil were excavated and removed, and Ecology issued a No Further Action determination that same year. 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 — petroleum compounds and paint-related chemicals from shipyard storage and handling — predates the 1992 inspection, placing the originating activities within the pre-1986 window when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The documented remediation costs here, including soil excavation and disposal of over 13 tons of impacted material, were incurred to address releases tied directly to those earlier shipyard operations. Historical carriers who issued CGL policies during the property's operating years may still be obligated to recover those cleanup expenditures.
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.
