This property operated as the Blakely Island General Store and Marina, with a 5,000-gallon diesel underground storage tank and fuel pumps serving the island. The tank was decommissioned and removed on November 21, 1998, along with associated piping and overburden soils, after releases attributed to overfills and overspills during fueling operations. The site has received a No Further Action determination 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.
The diesel UST at this site was in service for decades before its 1998 removal, with operational overfills and overspills causing the contamination that triggered cleanup. Occurrence-based CGL policies issued to the operators during the pre-1986 portion of that service window would have covered exactly this kind of gradual, operations-related petroleum release — and in Washington, those policies carry no effective pollution exclusion. The documented remediation costs for tank removal, soil excavation, and site closure represent expenditures that historical carriers may still be obligated to reimburse.
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.
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.