The Semiahmoo Marina property stored and dispensed petroleum fuels — both gasoline and diesel — through underground storage tanks installed well before 1986. Contamination including total petroleum hydrocarbons (TPH), polynuclear aromatics (PNA), and free product was identified at the site in 1989. Cleanup began in 1991 with a diesel UST upgrade and removal of petroleum-contaminated soil, followed in 1993 by excavation of five areas of concern and removal of an abandoned gasoline UST — more than 7,000 cubic yards of contaminated soil and overburden removed in total. Remediation continues under the Voluntary 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 marina originated from underground storage tanks that were installed and operating decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The scale of documented remediation — over 7,000 cubic yards of soil excavation, UST removals, and ongoing cleanup management spanning more than three decades — represents substantial expenditures tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during the period these tanks were in service may be obligated to reimburse past cleanup costs and to fund the remediation 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.