This property has a documented history as a bulk fuel distribution terminal predating 1986. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property in Sumas, Whatcom County served as a bulk petroleum storage facility, housing underground storage tanks containing diesel, road tar, and bunker oil. A road tar UST was removed in 1990 and a diesel UST was removed in 1998, with approximately 30 cubic yards of contaminated soil excavated and stockpiled during those operations. Independent cleanup activities continued from 1990 through 2012 to meet Method A cleanup levels for both soil and groundwater, culminating in a No Further Action determination. 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 underground storage tanks at this facility were in place well before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion in Washington. Petroleum contamination from diesel, road tar, and bunker oil storage required more than two decades of remediation effort — tank removals, soil excavation, and groundwater cleanup to regulatory standards. Historical carriers who issued CGL policies during the years those tanks were actively storing and dispensing petroleum products may still be obligated to recover the cleanup costs incurred across that extended remediation timeline.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.


