This property served as the Puget Sound Power & Light Company's Port Orchard Service Center, a utility maintenance facility with a fuel service island and underground storage tanks supporting fleet operations. Contamination was first identified in 1987, and cleanup under the Voluntary Cleanup Program has included the removal of an underground storage tank in 1993 after it failed a tightness test, excavation and off-site disposal of approximately 230 cubic yards of petroleum-contaminated soil in 1994, and pumping and disposal of roughly 600 gallons of affected water. Investigations and assessments at the site have continued through 2021, and cleanup work remains ongoing. 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.
Petroleum contamination at this facility originated from underground storage tanks that were in place and operating well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removal, large-scale soil excavation, contaminated water disposal, well rehabilitation, and decades of investigation — represent costs tied directly to those pre-1986 operations. Historical carriers who issued CGL policies to the utility during that operational window may be obligated both to reimburse past cleanup costs 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.
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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.