This property has a documented history as a farm and agricultural operation going back to 1973. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
Nachurs Alpine Solutions began leasing this Sunnyside property in 1973 for fertilizer storage and distribution, operating multiple aboveground storage tanks — originally staged without secondary containment — to receive nitrogen-, phosphate-, and potassium-based fertilizers by rail spur for local distribution. Contamination at the site is explicitly linked to historical fertilizer storage and loading/unloading activities at those ASTs, which were later relocated in 1999. The property is enrolled in the Voluntary Cleanup Program, with investigation activities conducted in 2020–2021 that included multi-year groundwater monitoring and off-site disposal of investigation-derived waste such as soil cuttings, purge water, and decontamination water. 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.
Fertilizer storage and distribution operations at this property commenced in 1973, placing the contamination origin more than a decade before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion. The aboveground storage tanks that generated the contamination were in place and operating without secondary containment throughout that pre-1986 window, directly exposing historical carriers to liability for the resulting soil and groundwater impacts. Those carriers — whoever issued CGL policies to Nachurs Alpine Solutions or to the property's landlords during that period — may be obligated both to recover costs already incurred in investigation and waste disposal and to fund the remediation work that lies 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.
