This property has a documented history as a gasoline service station going back to 1977. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as a fuel-dispensing facility at the Sequim Bay RV Park, with two underground storage tanks — 8,000 and 12,000 gallons — storing gasoline on site. The tanks were eventually abandoned in place and decommissioned in February 2002, at which point contamination from an overfill spill was identified. Cleanup has included excavation and removal of both USTs, removal of 40.75 tons of petroleum-contaminated soil from a 35-by-18-by-6-foot excavation, and off-site recycling of the impacted material; 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.
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 underground storage tanks at this property were likely installed no later than the late 1970s, placing the origin of fuel-dispensing operations — and the overfill spill that contaminated the surrounding soil — squarely within the era of occurrence-based Commercial General Liability coverage. CGL policies issued during that pre-1986 window carried no effective pollution exclusion in Washington and may obligate historical carriers to reimburse the remediation costs already incurred and to fund the cleanup 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.