This property is owned by the Port of Port Angeles, a governmental entity operating airports, marine terminals, industrial sites, and boat havens in Clallam County. A diesel fuel underground storage tank — estimated to have been installed no later than 1976 — was discovered abandoned in 1991, with corrosion-related leakage that contaminated surrounding soil and groundwater. Cleanup under the Standard Cleanup program began in November 1991 with UST removal, excavation of 75 cubic yards of contaminated soil, off-site incineration, and installation of a recovery well sump. Additional on-site soil treatment of 500 to 1,000 cubic yards has been planned, bringing total estimated remediation costs to approximately $76,000, and cleanup work remains ongoing. 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 diesel fuel contamination at this site originated from an underground storage tank installed at least a decade before 1986, during the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The documented remediation expenditures — tank removal, soil excavation and incineration, groundwater recovery infrastructure, and planned additional soil treatment — represent costs tied directly to a slow release from that pre-1986 installation. Because cleanup is ongoing, historical carriers whose CGL policies were in force during the tank's operational years may be obligated both to reimburse costs already incurred and to fund the remediation 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.
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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.