This property served as a brewery and industrial facility from at least the 1950s, with the western warehouse constructed in 1955 and the adjacent brewhouse and bottling facility visible in aerial photographs from the 1940s. Successive operators included Olympia Brewing Co. (1950s–1970s), Pabst Brewing Co. (1980s–1990s), and Miller Brewing Co. (early 2000s–2004). In February 2019, a 600-gallon spill of PCB-contaminated transformer oil entered the Deschutes River through the site's stormwater outfall, and subsequent investigation confirmed PCB levels above MTCA cleanup standards in river sediment. The site is now under a Standard Cleanup with remediation underway. 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 brewery operations at this property began more than three decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The confirmed PCB contamination at this site now requires remediation under Washington's cleanup standards, generating documented costs at a property that operated continuously under pre-1986 CGL coverage from the 1950s through at least the 1970s. Historical carriers who issued policies during that operational window may bear obligations to fund the ongoing cleanup.
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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.