This property has a documented history as a property with a heating oil tank going back to 1920. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
Bryant Hardware has occupied a building constructed around 1920 in Stanwood, with petroleum contamination documented from a leaking heating oil tank, vehicle leaks, and steam cleaning and pressure washing activities on the property. An Ecology site hazard assessment identified approximately 20 to 25 cubic yards of petroleum-contaminated soil attributable to the heating oil tank and vehicle leaks, and a separate 5 to 7 cubic yards linked to pressure washing, vehicle leaks, and heating oil tank overfills and spills. A site hazard assessment has been completed under the Standard Cleanup program, but no active remediation work has commenced. 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 property traces to a heating oil tank and vehicle-service operations conducted from a building in use since approximately 1920 — decades before 1986, when occurrence-based Commercial General Liability policies were still the industry norm and lacked effective pollution exclusions. The accumulated petroleum-impacted soil across two documented source areas represents a slow, ongoing release pattern of exactly the kind those pre-1986 policies were designed to cover. Historical carriers who issued CGL coverage during the facility's long operational history may be obligated to fund the investigation and cleanup costs that now face this property.
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.
