This property has a documented history as a industrial and manufacturing facility predating 1986. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup.
This property in Cle Elum operates as a towing lift manufacturing facility, which historically discharged floor-drain effluent through an on-site drywell — a practice that resulted in petroleum and heavy metal contamination of soil and groundwater. The drywell was removed prior to September 2008, and subsequent cleanup has included excavation and removal of approximately 50 cubic yards of petroleum-contaminated soil from the drywell smear zone, followed by backfilling. Groundwater remediation remains to be completed, with recommendations calling for installation of monitoring wells, at least one year of quarterly groundwater monitoring, and landfarming treatment of impacted soil. 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.
The contamination at this site — lube oil, diesel, and heavy metals including chromium, arsenic, and lead — originated from drywell-based effluent disposal tied to manufacturing floor drains, a waste management practice characteristic of industrial operations conducted before environmental regulations tightened in the mid-1980s. Occurrence-based Commercial General Liability policies issued to the facility's operators during that pre-1986 window carried no effective pollution exclusion under Washington law and remain potentially enforceable today. The remediation work now required — soil excavation, groundwater monitoring network installation, and landfarming — represents costs that historical carriers whose policies were in effect during the contamination's origin may be obligated to fund.
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.
