This property has a documented history as a industrial and manufacturing facility going back to 1961. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property has operated as a wood chip and sawmill facility since at least 1961, when Nicholson Manufacturing began lumber processing on site. The facility expanded over the following decades — sawmill building constructed in 1961, office space in the early 1960s, boiler house in 1980 — with a diesel fuel underground storage tank installed at the adjacent parcel in the 1970s. Petroleum contamination has been identified in groundwater, and a May 2003 incident released approximately 100 gallons of #2 fuel oil and contaminated water to a storm drain and adjacent wetland area. Cleanup under the Voluntary Cleanup Program is underway. 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.
Lumber processing and sawmill operations at this Chehalis facility date to 1961 — a quarter-century before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The petroleum contamination now requiring remediation arose at a facility whose industrial footprint, including fuel storage infrastructure installed in the 1970s, was well established during the pre-1986 CGL era. Historical carriers who issued occurrence-based policies to the operators during that window may be obligated to fund both past remediation expenditures and the ongoing cleanup work at this site.
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
Stay up to date on environmental property cleanup laws and changes.
Report Email Updates
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.