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 28-acre property has operated as the Central Kitsap Wastewater Treatment Plant, owned by Kitsap County Public Works, with underground storage tanks supporting facility operations installed prior to 1986. Cleanup activities have included UST removals in 1990 and again in 2016, excavation and backfilling of contaminated soils, cleaning and disposal of tank contents and rinsate, and capping of the contaminated area. A temporary groundwater extraction well has been recommended, and remediation work is 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.
The petroleum contamination at this site originated from underground storage tanks that were operational well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Decades of documented remediation — tank removals, soil excavation, groundwater extraction, and site capping — represent both costs already incurred and obligations still ahead as cleanup continues. Historical carriers who issued CGL policies during the period those tanks were in service may be obligated to recover past expenditures and fund the remaining remediation.
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.