The International Paper Co. plywood mill in Chelatchie Prairie — 7 miles northeast of Amboy — operated from 1960 until 1979, using both urea-based and phenolic resin glues throughout production; a solid waste disposal area associated with the mill had been in use since at least 1954. Upon closure in 1979, liquid waste was sprayed on roads and wastewater lagoons were buried on the property. A passive bioremediation plan has since been developed for approximately 500 cubic yards of contaminated soil held in contained waste soil piles, though remediation remains incomplete. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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 site — glue and resin compounds, petroleum hydrocarbons from former gas pump and diesel tank areas, and transformer oil — originated from manufacturing and waste-disposal practices spanning from 1954 through the mill's 1979 closure, entirely within the window when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. International Paper Co. and any co-operators held CGL policies during those decades of documented releases. The remaining cleanup obligations — bioremediation of contaminated soil piles and any further remedial work — represent costs that historical carriers whose policies covered those pre-1986 operations may now be obligated to fund.
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.
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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.