This property has a documented history as a industrial and manufacturing facility going back to 1891. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This Bellingham waterfront property has a documented industrial history extending to the late 1800s, with predecessor operations — Bloedel-Donovan Lumber Mill and International Cross Arm Company — confirmed on Sanborn maps showing a creosote treating plant, creosote tanks, and mill building as early as 1950. R.G. Haley International Corporation assumed operations in 1955 and continued the treating plant through at least the 1960s, when large stacks of treated lumber ties were observed on site. Remediation work has included shoreline containment, sediment excavation, seepage pit excavation, and the installation and operation of six groundwater recovery wells, with investigation and cleanup action plans documented from 1985 through at least 2012 — and cleanup remains active. 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 creosote contamination at this site originated from wood-treating operations conducted decades before 1986, when occurrence-based CGL policies with no effective pollution exclusion were standard. Historical carriers whose policies were in force during those pre-1986 treating-plant years may be obligated both to recover the costs of remediation already completed — shoreline stabilization, sediment excavation, seepage pit work, and years of groundwater recovery — and to fund the continuing cleanup that has not yet concluded. Because active remediation is ongoing, the insurance recovery argument here is not purely retrospective: historical policies may also be called upon to cover costs yet to be incurred as this multi-decade, multi-media cleanup progresses.
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.
