This property has a documented history as a farm and agricultural operation going back to 1980. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This Vashon Island property operated as a horse farm beginning in 1980, with land cleared for pastures, an orchard, and associated structures including a residence, indoor riding arena, barns, and feed stations. The primary contamination — arsenic and lead in soil — is attributed to atmospheric fallout from the Asarco Smelter, which closed in 1986. Cleanup work under the Voluntary Cleanup Program has been active since at least 2003 and includes soil excavation to depths of 6–18 inches, on-site containment of excavated material, soil mixing, soil capping, and institutional and engineering controls, with five years of post-cleanup monitoring planned. 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 arsenic and lead contamination at this property was deposited by Asarco Smelter fallout during the years the horse farm was operating — a period that falls squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Because the contaminating releases predated 1986, historical CGL policies in effect during the farm's early operational years may still be enforceable against the insurers. The documented remediation program — excavation, containment, capping, engineering controls, and multi-year monitoring — represents both past expenditures and forward-looking costs that those historical carriers may 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.
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.