This property has a documented history as a industrial and manufacturing facility going back to 1895. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
Coal mining operations on this property span nearly a century, beginning with the Lawson Mine in 1895 — which extracted over 1.2 million tons of coal before closing in 1913 — and continuing through the Johnson Coal Mine (1936–1938), Maks Mine (1950s–1960s), and McKay Section 12 Surface Coal Mine (1982–1986). The property has also supported farming, forestry, and residential use since the 1880s and early 1900s, respectively. Site investigations have confirmed lead in groundwater above MTCA Method B cleanup levels, and arsenic, iron, manganese, and zinc in surface water and seeps exceeding cleanup standards. Remedial work is underway through the Voluntary Cleanup Program. 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.
Coal mining at this Black Diamond property began in 1895 and continued through multiple operators for over nine decades, placing the vast majority of the site's industrial history squarely within the pre-1986 occurrence-based CGL era. Policies issued to mining operators during those decades carried no effective pollution exclusion under Washington law and remain enforceable today. The metals contamination now confirmed in groundwater and surface water — lead, arsenic, iron, manganese — traces to that long mining legacy, and the remediation costs already being incurred and still ahead could be recoverable from historical carriers whose policies were in force during those operations.
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.
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.