This property was purchased in stages from the late 1960s through the early 1970s and developed as a wood-treating facility beginning in 1972, with wood-treating operations commencing in 1974 and additional retorts installed in 1978. Site investigations conducted in 1987, 1989, and 1991 identified contamination including polycyclic aromatic hydrocarbons, phenolic compounds, metals, and non-halogenated solvents in groundwater and surface water, with documented spills occurring in August 1985 and March–May 1986. A Consent Decree was entered in 2016 under the Standard Cleanup program, and the site has reached cleanup-complete status with active operations, maintenance, and monitoring ongoing. 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.
Wood-treating operations at this facility began in 1974 — more than a decade before the 1986 shift away from occurrence-based Commercial General Liability coverage. The contamination documented in groundwater and surface water — PAHs, phenolic compounds, metals priority pollutants, and solvents — traces directly to those pre-1986 industrial operations, and the remediation obligations formalized in a 2016 Consent Decree represent substantial cleanup expenditures. Historical CGL carriers who covered this facility during the 1974–1986 operational window may bear obligation for documented remediation costs and the ongoing monitoring program.
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.