This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property has served as a Washington State Department of Transportation maintenance facility in Glacier, Whatcom County, housing a shop and garage, bunkhouse, and large underground storage tanks for gasoline, diesel, and waste oil. In 1990, three USTs — a 6,000-gallon gasoline tank, a 10,000-gallon diesel tank, and a 2,000-gallon waste oil tank — were removed after holes in the tanks caused petroleum releases into the surrounding soil. Cleanup activities spanning from 1990 through at least 2014–2015 have included additional tank removals in 2000, excavation and removal of approximately 20 cubic yards of petroleum-contaminated soil, and on-site landfarming of stockpiled material. The project remains in active cleanup status 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.
The petroleum contamination at this facility originated from underground storage tanks that were in service well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Tank failures documented here — holes in aging USTs holding gasoline, diesel, and waste oil — are precisely the kind of gradual, long-duration release those policies were written to cover. The multi-decade remediation record, from tank removals and soil excavation to ongoing site assessment, represents cleanup expenditures that historical carriers may be obligated to recover and to continue funding as the project advances.
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.