This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
Crystal Mountain Ski Resort has operated since 1962, and this site served as its backup diesel power generation station, supplied by three 12,000-gallon underground storage tanks. In November 2006, a diesel release from the facility contaminated fractured bedrock groundwater with free-phase diesel product, with TPH-Dx concentrations exceeding MTCA Method A cleanup levels in four monitoring wells. Surface water impacts reached Silver Creek — seep samples measured up to 27,000 µg/L TPH — and sediment contamination at one sampling location reached 9,600 mg/kg TPH-Dx. The USTs were removed in April 2007, and the site entered the Voluntary Cleanup Program; remediation is ongoing. 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.
The diesel infrastructure at this site supported a ski resort in continuous operation since 1962, and the USTs that caused the November 2006 release may have been installed decades before that event — though no direct installation records have been located. If the tanks were in place during the pre-1986 policy window, CGL carriers on risk during those years could face obligations tied to the remediation costs now being incurred: free-phase diesel recovery from fractured bedrock, surface-water cleanup along Silver Creek, and long-term monitoring across multiple wells. The absence of documented installation dates makes carrier research into the facility's early operational history a critical first step.
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.