This property has a documented history as a bulk fuel distribution terminal going back to 1956. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property has operated as a petroleum bulk storage facility since at least 1956, supporting fueling operations at an industrial log yard in Hamilton, Skagit County. In January 1992, Crown Pacific notified Ecology of a confirmed release discovered during the removal of seven underground storage tanks — three gasoline and four diesel, ranging from 5,000 to 10,500 gallons. Cleanup under Ecology's Independent Remedial Action Program has included excavation and bioremediation of approximately 1,000 cubic yards of petroleum-contaminated soil and extensive quarterly groundwater monitoring conducted from 1992 through at least 2006. 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.
Petroleum bulk storage and fueling operations at this site date to at least 1956 — three full decades before occurrence-based CGL policies ceased reliably covering pollution claims. The detection of total lead in groundwater points to releases of leaded gasoline during the pre-1986 era, and the scale of documented remediation costs — tank removals, soil excavation, bioremediation, and over fourteen years of quarterly groundwater monitoring — represents significant expenditure that historical carriers may be obligated both to reimburse and to fund as cleanup continues.
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.
