This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
The ITT Ediz Hook Maintenance Facility in Port Angeles operated with underground storage tanks that leaked oil-range petroleum hydrocarbons into the surrounding soil and groundwater. Although the site owners previously reported the contamination as cleaned up, an Ecology review determined that cleanup standards under MTCA had not been met, with petroleum-contaminated soil and groundwater left in place above allowable levels in the area of the former USTs. Groundwater monitoring has been ongoing since at least 2005, and remediation work continues under the Standard Cleanup program. 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 petroleum contamination at this facility originated from underground storage tanks at a historical maintenance operation — the type of slow, cumulative release that occurrence-based CGL policies issued before 1986 were written to cover without an effective pollution exclusion. With cleanup standards still unmet and remediation ongoing, the costs already incurred for monitoring and the expenditures still ahead for achieving MTCA compliance represent obligations that historical carriers whose policies were in force during the facility's operational years may be required both to reimburse and to fund going forward.
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.