Bulk Plant cleanup site — Restorical Research
E R Kelly Estate
Longview, Cowlitz County
Restorical Research
Preliminary Site-Specific Analysis

This property has a documented history as a bulk fuel distribution terminal going back to 1973. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.

This property served as a log truck storage, maintenance, and dispatch center beginning in approximately 1973, with bulk petroleum storage comprising a 12,000-gallon diesel tank, two 1,000-gallon gasoline tanks, and a 1,000-gallon used oil tank. In 1990, all four underground storage tanks were permanently closed and removed, revealing visible soil contamination that required excavation to a depth of 18 feet below ground surface; the used oil tank was slurried in place. The site is enrolled in the Standard Cleanup program, and cleanup work is ongoing. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.

Former Use
Former Bulk Plant
AddressLongview, Cowlitz County
Historical UseBulk Plant
Est. Operating Since1973
StatusCleanup Started
Contamination & Investigation
Site Assessment Summary
ContaminantsPetroleum hydrocarbons (diesel, gasoline, used oil) detected in soil
Media ImpactedSoil, Groundwater
Regulatory ProgramMTCA — Standard Cleanup
Ecology Site #7902

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.

Bulk petroleum storage at this property dates to approximately 1973 — more than a decade before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The contamination discovered during the 1990 tank removals — diesel, gasoline, and used oil migrating through soil to at least 18 feet — is the kind of gradual, long-duration release those pre-1986 policies were written to cover. Historical carriers who issued CGL policies during the site's operational window may be obligated both to recover 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

Task 1 — Research and Analysis
Restorical searches for viable historical insurance policies, researches the site history, analyzes the contamination impacts, and underwrites potential coverage — including a proprietary trigger analysis. At the end of Task 1, we provide a clear yes or no on whether a successful cost recovery is possible, along with a strategy and recommendation specific to your situation, even if you are not the policyholder.
Task 2 — Coverage and Funding
When Task 1 confirms viable coverage, Restorical works with your legal counsel to tender the claim, negotiate and secure insurance coverage. Restorical will manage the ongoing claim process, including accounting to ensure the insurance companies are funding your remediation in a timely manner.

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This analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.