The Whatcom County Public Works G1 Yard, a county maintenance and operations facility in Bellingham, was identified as a contaminated site following an Ecology investigation in November 1990 and added to the state's database of known or suspected contaminated sites the following month. Groundwater sampling confirmed multiple contaminant classes — halogenated organics, metals, petroleum products, and non-halogenated solvents — consistent with decades of vehicle and equipment maintenance, fueling, and industrial operations at the yard. The site is enrolled in Ecology's Standard Cleanup program, and cleanup work is underway. 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 multi-contaminant groundwater profile at this public works yard — halogenated solvents, metals, petroleum, and non-halogenated solvents — points to operational releases that accumulated over years of routine maintenance and industrial activity well before 1986. County public works yards of this kind were in continuous use for decades before contamination was flagged, placing the likely origin of these releases squarely within the era of occurrence-based CGL coverage. The cleanup costs being incurred under the Standard Cleanup program — and those still ahead — represent expenditures that historical carriers who covered the county's operations during that pre-1986 window may be obligated both to recover and to fund going forward.
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.