This property has been the site of Port Townsend Paper Corporation, a kraft pulp and paper mill, with historical industrial use at the adjacent Irondale site that included iron and steel manufacturing and wood processing. Underground storage tanks were removed from the Irondale portion of the property in May 1996; industry lifecycle standards suggest these tanks were likely installed before 1986. Site investigations have confirmed petroleum-related contamination in groundwater, and cleanup work is underway under Washington'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.
Industrial operations at this property — including underground storage tanks likely installed before 1986 — place the site's operational history within the era when occurrence-based CGL policies carried no effective pollution exclusion in Washington. Confirmed petroleum contamination in groundwater has triggered ongoing cleanup obligations, and the remediation expenditures being incurred may fall within the coverage scope of CGL policies issued to the property's operators during that pre-1986 period.
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.