Farm/Agriculture cleanup site — Restorical Research
EDB 2 Skagit County
Mount Vernon, Skagit County
Restorical Research
Preliminary Site-Specific Analysis

This property has a documented history as a farm and agricultural operation predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.

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.

Former Use
Former Farm/Agriculture
AddressMount Vernon, Skagit County
Historical UseFarm/Agriculture
Est. Operating SincePre-1986
StatusConstruction Complete — Performance Monitoring
Contamination & Investigation
Site Assessment Summary
ContaminantsEthylene dibromide (EDB) confirmed in groundwater
Media ImpactedGroundwater
Regulatory ProgramMTCA — Standard Cleanup
Ecology Site #132

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.

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.

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

Task 1 — Research and Analysis
Restorical searches for viable historical insurance policies, researches the site history, analyzes the contamination impacts, and underwrites potential coverage — including a proprietary trigger analysis. At the end of Task 1, we provide a clear yes or no on whether a successful cost recovery is possible, along with a strategy and recommendation specific to your situation, even if you are not the policyholder.
Task 2 — Coverage and Funding
When Task 1 confirms viable coverage, Restorical works with your legal counsel to tender the claim, negotiate and secure insurance coverage. Restorical will manage the ongoing claim process, including accounting to ensure the insurance companies are funding your remediation in a timely manner.

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This analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.