This property has a documented history as a gasoline service station going back to 1958. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property has operated as a marina with dockside fueling since before 1958, with five underground storage tanks storing gasoline and diesel for dispensing to customers. Tank installations are estimated between 1964 and 1980, and several tanks historically contained leaded gasoline. In 1991, two leaking USTs (10,000 and 6,000 gallons) were removed along with contaminated soil, which was aerated and mixed on-site over two years before being used as fill; two additional tanks (500 and 4,999 gallons) were closed in place. Cleanup is ongoing under the 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.
Petroleum contamination at this marina originated from underground storage tanks installed and operated decades before 1986 — some as early as 1964, with one last used in 1976 and several storing leaded gasoline, a product phased out well before the modern era. Occurrence-based CGL policies in effect during that operational window carried no effective pollution exclusion under Washington law and remain enforceable today. The documented remediation costs — tank removals, soil excavation, years of on-site treatment — along with whatever further cleanup the Standard Cleanup program requires, represent expenditures the historical carriers may be obligated both to recover and to fund going forward.
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.