This property has a documented history as a public works and maintenance facility going back to 1950. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
The Middle Fork Diversion Dam was constructed circa 1950 in Deming, Whatcom County. Petroleum-contaminated soil was identified in historical backfill material placed behind the dam during its original construction, with the source of the petroleum uncharacterized — potentially introduced as contaminated fill or contaminated in place over the decades that followed. Remediation activities brought petroleum-gasoline concentrations in sediment below applicable cleanup levels, and the site has received a No Further Action determination. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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 petroleum contamination at this site was embedded in backfill material dating to the dam's original construction circa 1950 — more than three decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with pollution exclusions. The remediation costs incurred to bring sediment contamination below cleanup standards are the type of environmental expenditure that historical CGL carriers covering the dam's construction-era operations may be obligated to reimburse.
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.
Recovering Costs from an Older Cleanup
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.