The Firwood Pit operated as a sand and gravel surface mine in Pierce County, with a permitted mining depth of 150 feet and an authorized fill volume of 1.4 million cubic yards. A DNR Reclamation Plan was prepared for the site in 1993 under Permit No. 70-019446, and the mine was exhausted before March 2000, after which the property was leased to Scarsella Bros. Site investigations have identified arsenic and petroleum-diesel range hydrocarbons in both groundwater and surface water, and cleanup is underway through Washington's Standard Cleanup program. 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 sand and gravel mining operation at this property predates 1986, with circumstantial evidence — including the scale of the permitted excavation, a 1993 reclamation plan documenting the late stages of mining, and a permit number consistent with 1970s origination — indicating decades of industrial operation during the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The arsenic and petroleum-diesel contamination now documented in groundwater and surface water at the site creates remediation liabilities that historical carriers who insured the mining operation during that pre-1986 window 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.
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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.