This property operated as an automotive wrecking and metal recycling yard in Port Townsend, with operations established by at least the mid-1980s. A 2009 Site Hazard Assessment documented that the owner burned automotive tires, plastics, wood products, and garbage on the property from 1987 through approximately 2005, with no secondary containment system in place to prevent contaminants from reaching groundwater. Soil sampling identified base/neutral/acid organics, metals priority pollutants, and petroleum products at concentrations exceeding MTCA cleanup levels, and no groundwater sampling has yet been conducted despite the confirmed soil contamination. The site is awaiting cleanup under the Standard Cleanup program. 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.
The automotive wrecking and recycling operations at this property were established before 1986, during the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Decades of scrap yard activity and open burning deposited metals, organics, and petroleum products into the soil at levels exceeding state cleanup standards — contamination now requiring formal remediation. As investigation and cleanup costs accumulate at this site, historical CGL carriers who insured the facility during its pre-1986 operational window may be obligated to fund the remediation work ahead.
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.
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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.