This property has a documented history as a industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This Marysville property has a documented history of industrial operations including engine recycling — with an engine dismantling area, drum storage areas with oil spillage, burn piles, and an engine storage area showing an oily sheen on standing water — as well as feather processing. PCB concentrations exceeding 50 parts per million were spilled at the property prior to July 1979, predating the engine recycling activities documented in the early 1990s. Site investigation to date has consisted of 21 soil borings subsequently abandoned and patched, and temporary staging of soil cuttings and purged groundwater for waste characterization; no active remediation has commenced and the site awaits cleanup under the Standard Cleanup program. 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 PCB contamination confirmed at this property was released prior to July 1979, placing it squarely within the era when occurrence-based Commercial General Liability policies were the industry standard and contained no effective pollution exclusion. Industrial operators at this site during that pre-1986 window may have carried CGL policies that remain obligated to respond to the contamination now confirmed through site investigation. The remediation costs this property will incur — investigation completion, cleanup design, and active remediation — could plausibly be funded by those historical carriers whose policies were in effect when the spills occurred.
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.
