This property has a documented history as a farm and agricultural operation going back to 1968. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This agricultural chemical distribution facility has operated at the Prosser site since the late 1960s, storing and distributing pesticides, herbicides, soil fumigants, and fertilizers across an approximately five-acre property with dedicated chemical storage buildings and six above-ground storage tanks. Site investigations conducted from 1989 through 1991 identified pesticide and herbicide contamination attributable to on-site chemical handling operations. Comprehensive characterization and sampling under the Voluntary Cleanup Program confirmed that contaminant levels were at or below applicable cleanup standards, and Ecology issued a No Further Action determination in 2006. 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.
Agricultural chemical distribution at this facility began in the late 1960s and continued through the 1970s and into the 1980s, a period when occurrence-based Commercial General Liability policies remained the industry standard and carried no effective pollution exclusion in Washington. The pesticide and herbicide contamination documented here originated from years of chemical handling operations well before 1986, meaning insurers who issued CGL policies during that operational window may still be obligated to fund the investigation and characterization costs incurred to reach the 2006 No Further Action determination.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.
