This property has a documented history as a industrial and manufacturing facility going back to 1950. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
Lehigh Portland Cement Company owned and operated the Metaline Falls cement plant from the early 1950s until 1989, during which time cement kiln dust (CKD) — a byproduct of portland cement production — was continuously disposed of in an on-site landfill. Remediation has included landfill closure with an engineered cover and stormwater system (1996), backfilling (1998), continuous groundwater monitoring since 1996, and a pilot in-situ permeable treatment wall launched in 2002. Capital and operations-and-maintenance costs from 1995 through 2004 exceeded $13 million, and the preferred partial additional source control alternative — encompassing groundwater treatment and up to 265,500 cubic yards of CKD source removal — is estimated at $4.5 to $5.1 million over the next 30 years. 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 here — CKD leaching into groundwater — originates from disposal practices spanning nearly four decades of manufacturing operations that ended in 1989, with the bulk of that history predating 1986 by more than three decades. Occurrence-based CGL policies issued to Lehigh during that pre-1986 operational window carried no effective pollution exclusion and remain enforceable today. With documented past remediation expenditures already exceeding $13 million and an additional $4.5 to $5.1 million in projected future costs, historical carriers whose policies covered those manufacturing years may still be obligated to contribute to recovery of those expenses.
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.
