This property operated as a metals salvage and scrap yard from 1945 through 2007, passing through four successive owners — from Berle Jackson beginning in 1945 through Clifford Koppe, who ran salvage and metal recycling operations from 1982 until closure. A remedial investigation has identified metals priority pollutants including arsenic, manganese, and lead, polychlorinated biphenyls (PCBs), polycyclic aromatic hydrocarbons (PAHs), and total petroleum hydrocarbons in groundwater, with the site situated within the five-year travel-time zone of a City of Kelso drinking water well. The site is currently awaiting cleanup under Washington's 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.
Metals salvage operations at this property began in 1945 — more than four decades before 1986, the year occurrence-based Commercial General Liability policies stopped reliably covering pollution claims. The groundwater contamination now documented beneath the site — heavy metals, PCBs, PAHs — is the product of those decades of pre-1986 industrial activity. The full cost of remedial design and cleanup still lies ahead, and historical carriers whose CGL policies were in force during the site's early operational decades may be obligated to fund that remediation.
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.