MELCO Manufacturing operated an electroplating facility at this Oak Harbor property from 1980 to 1983, discharging approximately 12,000 gallons per day of treated effluent from its plating operations. An EPA/WESTON Preliminary Site Assessment was conducted in August 1984, and a 1986 Island County groundwater quality assessment confirmed that plating operations had ceased and that heavy metals from electroplating effluent had accumulated in site soils via a drainfield and bog system. Metals contamination has been confirmed in shallow soils and is suspected in groundwater; the site is currently awaiting cleanup under Ecology'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.
The electroplating operations at this property ran from 1980 to 1983 — squarely within the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. Heavy metals discharged through years of daily effluent disposal now require remediation, and those cleanup costs have yet to be incurred. Historical carriers whose CGL policies covered MELCO's operations during that pre-1986 window may be obligated to fund the investigation and remediation expenses this site now faces.
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.