This property has a documented history as a public works and maintenance facility going back to 1955. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
The Washington State Department of Highways acquired and developed this property as a maintenance yard in June 1955, operating it as WSDOT's primary Potlatch maintenance facility until 1995; underground storage tanks were installed as early as 1958 and decades of heavy equipment servicing followed. A quarry was operated from the late 1970s, and a documented herbicide release occurred in 1985. Remediation under the Voluntary Cleanup Program began in 1995 and extended through at least 2014, encompassing multiple excavation phases that removed between 96 and 1,246 tons of contaminated soil along with USTs, drums, burn piles, drywells, drain lines, and associated debris — materials that were either land-farmed or transported off-site for disposal. Cleanup work remains ongoing. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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.
Contamination at this WSDOT facility originates from petroleum storage, heavy equipment maintenance, and herbicide use that began in 1955 — more than three decades before 1986, when occurrence-based Commercial General Liability policies still lacked an effective pollution exclusion in Washington. The multi-phase cleanup record here — UST removals, large-scale soil excavation, drum and debris disposal running from 1995 through at least 2014 — represents substantial documented expenditures tied directly to those pre-1986 operational activities. Historical carriers who issued CGL coverage during the facility's operational window may be obligated to recover costs already incurred and to fund remediation work that continues today.
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.
