This property in Everett has been in continuous industrial use since at least 1936, when Sound Casket Manufacturing operated a wood casket factory on the southern portion of the site. National Pole Company ran a pole treating plant on the eastern portion before the 1940s, and Nord Door (E.A. Nord Inc.) operated a stile-and-rail door manufacturing plant from the mid-1940s until JELD-WEN acquired the property through bankruptcy court in May 1986. Underground storage tanks were removed in 1990–1991, and a Final Remedial Investigation and Feasibility Study was completed in December 2021 under Agreed Order No. DE 5095; cleanup work is 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.
Industrial operations at this site — pole treating, casket manufacturing, and door production — generated a complex contamination profile including PCBs, dioxins and furans, PAHs, benzene, phenolic compounds, and petroleum hydrocarbons across groundwater, sediment, and air. These releases originated from activities spanning five decades before 1986, a period when occurrence-based CGL policies carried no effective pollution exclusion in Washington. The documented remediation costs already incurred and the cleanup work still ahead represent expenditures that historical carriers who insured the site's operators 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.