The Peninsula Light Company occupied and operated this Gig Harbor property from 1925 through 1986, with on-site fueling infrastructure that included a gas pump and two underground storage tanks containing diesel and gasoline. The USTs were operated until the late 1980s and removed in 1991, after which cleanup under the Voluntary Cleanup Program included excavation of 280 cubic yards of petroleum-contaminated soil, on-site thermal desorption, and off-site disposal. Quarterly groundwater monitoring for TPH, BTEX, and vinyl chloride continued across multiple campaigns spanning 2000 through 2017, and a restrictive covenant governing groundwater use was established and later terminated as the site reached No Further Action status. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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.
Fueling operations at this property date to well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The petroleum releases from those underground storage tanks triggered decades of remediation expenditures — soil excavation, thermal treatment, off-site disposal, and nearly two decades of groundwater monitoring — all traceable to operations conducted during the coverage window of those historical policies. Carriers who issued CGL policies to the operators during the pre-1986 period may still bear an obligation to recover those documented cleanup costs.
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.
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.
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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.