This property operated as a fuel-dispensing facility with underground storage tanks in Eastsound, San Juan County, with operations predating 1986. Former UST excavations have been performed and the site was reportedly cleaned up, but soil contamination above regulatory levels persists near the former tank locations. The site is now under the Standard Cleanup program with cleanup work 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.
The fuel storage and dispensing operations at this property began well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Soil contamination from those former underground storage tanks remains above regulatory levels despite prior excavation efforts, and continued remediation under the Standard Cleanup program will add to the cost trail. Historical carriers who insured the facility during its pre-1986 operational window may be obligated to fund both past and future cleanup expenditures tied to those legacy releases.
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.