The Arlington Mine is an abandoned mining operation in Conconully, Okanogan County, that has appeared on Ecology's Confirmed and Suspected Contaminated Sites Report since 1995. A Site Hazard Assessment was scheduled for the property but was subsequently cancelled as Ecology continued developing its approach to assessing abandoned mine sites. No active remediation or cleanup work has been undertaken at the site to date. 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.
Mining operations at the Arlington Mine ceased well before modern environmental regulations took effect, placing the site's operational period squarely within the era when occurrence-based CGL policies carried no effective pollution exclusion. The property's presence on Ecology's contaminated sites report since 1995 signals recognized environmental liability, and with no cleanup yet undertaken, the full cost of investigation and remediation still lies ahead. Historical carriers who issued CGL policies during the mine's active years may bear obligations to fund those upcoming cleanup expenditures.
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.