This property has served as the Washington State Department of Transportation's Anacortes Ferry Terminal since 1960, providing marine public transportation. An 18,000-gallon diesel underground storage tank installed in 1964 to refuel government-operated ferries was removed in 1992, revealing free product in the excavation and necessitating immediate action for free product on groundwater. Approximately 383 cubic yards of diesel-contaminated soil were excavated and remediated onsite through landfarming, with the excavation backfilled with clean gravel. Cleanup has spanned decades — delayed by payment disputes in 1992–1993 and adverse weather — with further remediation and engineered controls planned as of 2016. 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 contamination at this site originated from an underground storage tank installed in 1964 and operated continuously for nearly three decades before its 1992 removal — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The documented remediation expenditures, from soil excavation and onsite treatment to long-term engineered controls, represent costs tied directly to that pre-1986 operational period. Historical carriers who provided CGL coverage during the terminal's early decades of diesel fueling operations 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.