This property has a documented history as a bulk fuel distribution terminal going back to 1923. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property served as Peck's Fuel Yard from 1923 to 1949, operating as a fuel storage and distribution facility, with a service station and fuel distribution operation present by 1946. Darigold subsequently acquired the property in 1956 and operated on site until 2006. Cleanup under the Voluntary Cleanup Program has been extensive, with investigations and remedial actions dating to 1993: primary excavation in 2008 removed nearly 60,000 cubic yards of contaminated soil along with 106 tons of chlorinated-compound-impacted soils and 1,063 tons of creosote-impacted soils. Groundwater remediation has included dewatering, an off-property permeable reactive barrier and Cutter Soil Mixing wall, vapor extraction, and continuous monitoring through at least 2015. 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 contamination at this site traces to fuel storage and distribution operations that began in 1923 — more than six decades before occurrence-based CGL policies stopped reliably covering pollution claims. The scale of documented remediation costs is substantial: tens of thousands of cubic yards of soil excavation, specialized treatment of chlorinated and creosote contamination, engineered groundwater barriers, and over two decades of monitoring. Historical carriers who issued CGL policies during the pre-1986 operational window may be obligated both to recover those past expenditures and to fund the remediation work that remains ahead.
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.