This property has a documented history as a industrial and manufacturing facility going back to 1946. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
Buse Timber & Sales has operated a sawmill on Smith Island in Everett since 1946, using pentachlorophenol (PCP) to treat lumber throughout that period until 1986, when contamination from those operations was first identified. Underground storage tanks believed installed around 1964 were removed in 1996, sediment remediation in the east drainage was completed in 2003, and sludges have been disposed off-site. Investigation-derived waste totaling 165 gallons of soil cuttings and water remains awaiting disposal, and Ecology is currently preparing an Agreed Order to govern further cleanup actions. 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.
Pentachlorophenol contamination at this property originated from wood-treatment operations that ran from 1946 through 1986 — four decades during which occurrence-based Commercial General Liability policies had no effective pollution exclusion in Washington. Underground storage tanks installed around 1964 represent a second pre-1986 contamination source at the same site. The documented remediation costs here — UST removal, sediment cleanup, sludge disposal, and an ongoing Agreed Order process — trace directly to releases incurred while historical carriers were on the risk, and those carriers may remain obligated both to recover past expenditures and to fund the cleanup work still 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.