This property has a documented history as a bulk fuel distribution terminal going back to 1970. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as a bulk petroleum storage and distribution facility — specifically for heating oil — from 1970 to 1997, featuring two 10,000-gallon and two 4,000-gallon horizontal above-ground storage tanks, a pumping station, and an overhead loading rack. Spills and leaks from those historical operations prompted remedial activities beginning in 1999 under the Voluntary Cleanup Program, including multiple phases of soil excavation through 2024 that removed the ASTs, loading racks, and at least 530 cubic yards of contaminated soil. Groundwater treatment included extraction of 2,600 gallons of water during excavation and repeated injections of hydrogen peroxide and fertilizer solutions from 2001 to 2003, with groundwater monitoring continuing across multiple periods through 2024. Cleanup work is 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.
The petroleum contamination at this site — TPH fractions, BTEX compounds, and naphthalenes released from bulk storage tanks and loading rack operations — originated from activities that began in 1970, more than a decade before occurrence-based CGL policies stopped reliably covering pollution claims. Carriers who issued policies to the facility's operators during the 1970–1986 window had no effective pollution exclusion and may remain obligated today. The documented remediation record spanning more than two decades — AST and rack removals, soil excavation, chemical injection, and long-term groundwater monitoring — represents both costs already incurred and expenditures those historical carriers may be obligated 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
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.
