This marina property in Seabeck stored and dispensed leaded gasoline from underground storage tanks installed well before 1986. In 1992, deterioration of the two tanks — a 1,000-gallon and a 2,000-gallon unit — prompted their removal, at which point approximately 44 cubic yards of visibly petroleum-saturated soil were excavated and stockpiled. Aeration and thermal desorption were identified as potential treatment methods for the contaminated soils, though no documentation confirms those treatments were completed. Cleanup remains in progress under Ecology's standard cleanup program. 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 petroleum contamination at this property originated from leaded-gasoline storage tanks that were in service for years — potentially decades — before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures to date — tank removal, soil excavation, and stockpile management — along with any further cleanup still required, represent costs tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during the period the tanks were in active use may be obligated both to recover past cleanup costs 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.
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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.