This property operated as the Navy Exchange (NEX) Gas Station on the naval base in Silverdale, with underground storage tanks installed in 1978 and 1981 to store diesel fuel for sale to personnel vehicles. Contamination was discovered in 2015 during the decommissioning and removal of a 5,000-gallon diesel UST, prompting excavation and off-site disposal of 212.7 tons of impacted soil along with 45 gallons of process waste. The excavation area was backfilled with clean soil and resurfaced with crushed material and asphalt; cleanup work is ongoing under the Standard Cleanup program. 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.
Diesel fuel storage and dispensing at this site began with UST installations in 1978 and 1981 — years when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The contamination discovered beneath the fuel canopy is the kind of gradual release from aging underground infrastructure that those pre-1986 policies were designed to cover. Documented remediation costs — tank removal, large-scale soil excavation, waste disposal, and site restoration — represent expenditures 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.
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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.