This property served as a sawmill from the early 1950s, operating under the Smith Street Sawmill name from 1955 until its closure in February 2016. The Buse family owned the property throughout that period, with sawmill buildings constructed in the late 1960s. Site investigations under the Voluntary Cleanup Program identified arsenic, lead, PAHs, and petroleum hydrocarbons in groundwater; the site has since achieved No Further Action status. 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.
The Buse family's sawmill operations spanned more than three decades before 1986, generating over thirty years of potential CGL policy coverage during a period when occurrence-based policies carried no effective pollution exclusion under Washington law. The arsenic, lead, PAH, and petroleum contamination found in groundwater here traces to industrial activities conducted under those policies. Remediation costs incurred to bring Smith Street Sawmill to No Further Action status represent expenditures that historical carriers who covered the Buse family's operations during the 1950s-through-1985 window may be obligated to recover.
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.
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.
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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.