This property has a documented history as a property with a heating oil tank predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
Twanoh State Park in Mason County hosts a heating oil underground storage tank adjacent to the Park Ranger's Residence, which has released diesel- and oil-range petroleum hydrocarbons into soil and groundwater. Previous remediation efforts led to a "Reported Cleaned Up" designation, but Ecology has since determined that MTCA cleanup standards were not demonstrated, and contaminated soil and groundwater remain in place above regulatory thresholds beneath and beside the residence and driveway. The site is now classified as Cleanup Started under Ecology's 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 petroleum contamination here traces to a heating oil UST whose operations are part of the park's historical infrastructure — well before the 1986 shift away from occurrence-based Commercial General Liability coverage. Because the prior cleanup was deemed insufficient and additional remediation is now required, the property faces a second round of investigation and cleanup costs on top of expenditures already incurred. Historical carriers who provided CGL coverage during the decades when that heating oil system was in active use may be obligated to fund both the recovery of past remediation costs and the cleanup work still 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.