This property has a documented history as a public works and maintenance facility going back to 1974. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property served as a warehouse and garage for Mason County Public Utility District 3, used to store equipment and vehicles, with underground storage tanks on site dating back to at least the early 1970s. A 550-gallon UST — documented as over twenty years old at the time — was decommissioned and removed in 1994, and a 1,000-gallon unleaded fuel tank was also registered at the facility. The site has been subject to cleanup assessments and regulatory review for leaking underground storage tank contamination from at least 1994 through 2015, and cleanup work remains ongoing. 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 originated from underground storage tanks installed no later than the early 1970s — more than a decade before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. Over two decades of documented investigation and remediation activity represent costs tied directly to releases from those pre-1986 operations. Historical carriers who provided CGL coverage to the utility district during the years those tanks were in service may be obligated to fund both past cleanup expenditures and the remediation work that lies 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.
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.