This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
The La Conner Landing property operated as a service station for both automobiles and marine vessels, dispensing diesel and gasoline from as many as seven underground storage tanks — including a 10,000-gallon unleaded gasoline UST and a 4,000-gallon tank. The station closed in 1991, the same year the site was placed on Ecology's Confirmed and Suspected Contaminated Sites list. Cleanup under Ecology's standard program has included removal or abandonment-in-place of multiple USTs, excavation of approximately 100 cubic yards of contaminated soil, and on-site treatment of that soil by aeration, with assessment and further remedial actions still under way. 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 site traces directly to underground storage tanks that were in place before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The multi-year remediation record — tank removals, soil excavation, aeration treatment, and ongoing site assessment — represents a documented cost trail tied to those pre-1986 fueling operations. Because cleanup is still active, historical carriers whose CGL policies covered this property during the operational window may be obligated both to reimburse past remediation expenditures and to fund the work that remains.
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.