Fircrest School is a Washington State institution operated by the Department of Social and Health Services with documented operations dating to the 1940s. On-site buildings served successive institutional functions — Building #22 as a hospital laundry in the 1940s through early 1950s, then as an automobile machine shop, sheltered workshop, and paint shop through 1990; Building #1 as a hospital and residential facility from the 1950s through the 1970s. Confirmed groundwater contamination at the site includes polychlorinated biphenyls (PCBs) and petroleum compounds, and cleanup is underway under the 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.
Fircrest School's institutional operations began in the 1940s — more than four decades before 1986, when occurrence-based Commercial General Liability policies ceased reliably covering pollution claims. The facility's continuous use across multiple functions — hospital laundry, machine shop, residential care — through the pre-1986 era means CGL policies were likely in effect throughout decades of operations at this property. With confirmed PCB and petroleum contamination in groundwater and remediation now underway, the cleanup costs being incurred may be recoverable under those historical policies.
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.