This property has a documented history as a farm and agricultural operation going back to 1912. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
Briggs Nursery has operated at this location as a wholesale grower and landscape plant material vendor since 1912, with historical activities encompassing pesticide and fertilizer application, chemical mixing, and the use of underground storage tanks. Cleanup work has included removal of buried solid waste, excavation of pesticide-contaminated soil, and removal of approximately two vertical feet of soil from a 1992 spill. Planned remediation encompassed the decommissioning and removal of ten underground storage tanks, excavation of an abandoned drainage sump and associated drums, and contingent soil and groundwater treatment — all tied to a Remedial Investigation/Feasibility Study. The site has since reached No Further Action status under the Standard Cleanup program. 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.
Contamination at this property — pesticides, fertilizers, and chemical residues from decades of nursery operations — originated from activities stretching back to 1912, meaning more than seven decades of pre-1986 chemical use occurred here before occurrence-based CGL policies began carrying effective pollution exclusions. The documented remediation costs, including solid-waste removal, pesticide-impacted soil excavation, UST decommissioning, sump excavation, and contingent groundwater treatment across a large agricultural property, reflect cumulative liability tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during that long operational window may remain obligated to contribute to the site's documented 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.
