This property has a documented history as a industrial and manufacturing facility going back to 1967. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as a log sort yard from 1967, first under Nichiman America, Inc. and then under Cascade Timber Company through the mid-1980s. In 1982, Cascade Timber placed approximately 500 tons of ASARCO smelter slag on the site as ballast material, introducing metals contamination — a 1985 Ecology study confirmed metals in stormwater draining from the property into Commencement Bay via Sitcum Waterway. A 1991 Agreed Order and 1994 Consent Decree formalized cleanup obligations, and groundwater monitoring at wells MW-1 and MW-2 has documented arsenic concentrations consistently exceeding EPA marine chronic water quality criteria from 1994 through 2024. Cleanup construction is complete and long-term performance monitoring continues. 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.
Metals contamination at this site traces directly to log sort yard operations and smelter-slag placement that occurred between 1967 and the mid-1980s — nearly two decades before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. The regulatory enforcement history here spans more than three decades, from the 1991 Agreed Order through ongoing performance monitoring documented in the 2025 Periodic Review. Historical carriers whose policies were in force during the 1967–1985 operational window may be obligated to fund both the remediation costs already incurred and the long-term monitoring expenditures that continue today.
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.