Portco Corporation operated a 160,000-square-foot paper converting and plastic extrusion facility in Vancouver with roots dating to the 1940s, and was classified as a fully regulated dangerous waste generator producing more than 1,000 kilograms of hazardous waste per month. The facility used petroleum products for plant furnaces and perchloroethylene to clean printing dies, and maintained a substantial inventory of underground and aboveground storage tanks. Between 1989 and 1993, ten underground storage tanks and one aboveground storage tank were removed, approximately 111 cubic yards of contaminated soil were excavated and disposed of off-site, and three inactive water wells were properly abandoned. Cleanup work is ongoing under the Voluntary Cleanup Program. 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.
Several of Portco's underground storage tanks were registered as more than 30 years old in 1986 — placing their installation before 1956 — and the documented presence of leaded gasoline confirms petroleum operations running across multiple pre-1986 decades at a site simultaneously generating over 1,000 kilograms of dangerous waste per month. A facility of this industrial scale, using both petroleum fuels and chlorinated solvents through the 1960s and 1970s, would have carried CGL coverage from carriers whose policies had no effective pollution exclusion. Those historical carriers may be obligated to contribute to the excavation, disposal, and ongoing remediation costs already documented here.
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.