This property operated as a log sort yard — identified in Port of Tacoma records as the Plum Creek Log Yard — with operations confirmed as early as 1983. An Ecology study conducted from November 1983 through June 1984 documented elevated heavy metals in surface water runoff from the site, and a U.S. Oil transmission pipeline on the property ruptured in 1991, releasing petroleum products into groundwater and surface water. Cleanup proceeded under a 1991 Agreed Order through the Standard Cleanup program, and the site has since received a No Further Action determination. 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.
Heavy metal contamination at this site originated from log sort yard operations that were already under way by 1983 — years before the 1986 shift from occurrence-based to claims-made CGL policies. The Ecology study documenting metals in surface water runoff, the subsequent Agreed Order, and the remediation of petroleum contamination from the pipeline rupture represent a documented cost trail tied to infrastructure and operations in place during the pre-1986 policy window. Historical carriers who covered the log yard operators during that period may remain obligated to recover those cleanup expenditures.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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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.