This Skagit County property, associated with the Sakuma Bros Birdsview Berry Farm, was the site of agricultural operations that included the use of ethylene dibromide (EDB) as a soil fumigant — a pesticide banned by the EPA in 1983–1984. A site investigation was underway by at least March 1983, and groundwater contamination from pesticides has been confirmed. The site entered the Standard Cleanup program and has reached the Construction Complete phase, with performance monitoring ongoing. 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.
EDB application at this berry farm necessarily predates the pesticide's 1983–1984 federal ban, placing the contamination-causing operations squarely within the pre-1986 era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The remediation costs incurred through the Standard Cleanup program — from investigation through construction and into long-term performance monitoring — represent expenditures that historical carriers who insured the farm's operations during that window may be obligated to cover.
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.