This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This Washington State Department of Natural Resources property off Cassidy Road near Sequim was used as an informal shooting range, with lead contamination from spent munitions first reported to Ecology in April 2000 by an adjacent property owner. Soil sampling confirmed elevated lead concentrations across multiple areas — up to 1,910 ppm — far exceeding typical regulatory thresholds. Investigation and assessment activities spanned 2000 through 2022, with some interim near-surface soil removal completed; excavation of three contaminated soil areas to a minimum one-foot depth is proposed as the next remedial step. 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 scale of lead accumulation documented at this site — with multiple sampling points well above 800 ppm — reflects a long history of spent-munitions deposition that almost certainly predates 1986. Occurrence-based CGL policies in force during that pre-1986 operational window had no effective pollution exclusion and remain potentially enforceable today. The forthcoming excavation of three separate contaminated areas represents remediation costs that historical carriers whose policies covered operations at this DNR property may be obligated to fund.
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.
