This property has operated as a sawmill and lumber processing facility since the 1890s, accumulating more than a century of continuous industrial use. A site power plant ran from approximately 1926 to 1986, burning fuel oil stored in above-ground tanks — a 1949 Sanborn Map documents a 240,000-gallon fuel oil AST and boiler house on the property. A 2014 Phase I Environmental Site Assessment identified recognized environmental conditions throughout the property, and groundwater sampling from 2016 borings confirmed dissolved-phase petroleum impacts in soil and groundwater. Cleanup is underway through Washington's Voluntary 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.
Industrial operations at this property — sawmilling, lumber processing, and fuel oil storage — began nearly a century before 1986, the year occurrence-based CGL policies ceased reliably covering pollution claims in Washington. The petroleum contamination now requiring remediation traces directly to fuel oil handling and storage infrastructure that was in active use throughout the pre-1986 policy window. Historical carriers who underwrote this facility's operations during those decades may be obligated both to recover cleanup costs already incurred and to fund the remediation work still ahead.
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.