Public Works cleanup site — Restorical Research
Mitchell Ave Project
Port Orchard, Kitsap County
Restorical Research
Preliminary Site-Specific Analysis

This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.

This property served as a Kitsap County Road District Number 2 street maintenance facility prior to 1970, with tar and oil stored near the garage at 980 Mitchell Avenue and street sweepings deposited on the adjacent 900 Mitchell Avenue parcel. An RV waste dump station also operated on the site from 1985 to 1989. A Volunteer Clean-up Project completed in 2003 excavated and removed contaminated material from near the garage building, but the site remains under Ecology's Standard Cleanup program with further cleanup work still ahead. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.

Former Use
Former Public Works
AddressPort Orchard, Kitsap County
Historical UsePublic Works
Est. Operating SincePre-1986
StatusAwaiting Cleanup
Contamination & Investigation
Site Assessment Summary
ContaminantsOil, gasoline, and polycyclic aromatic hydrocarbons (PAHs) in soil
Media ImpactedSoil, Groundwater, Air
Regulatory ProgramMTCA — Standard Cleanup
Ecology Site #993

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 contamination at this property — oil, gasoline, and polycyclic aromatic hydrocarbons — traces directly to street maintenance operations that were underway well before 1970, placing them squarely within the era of occurrence-based CGL policies that carried no effective pollution exclusion. The property owner now faces the prospect of additional remediation costs under the Standard Cleanup program beyond what the 2003 excavation addressed. Historical carriers who issued policies during those decades of municipal yard operations may be obligated to fund the cleanup costs this site still requires.

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

Task 1 — Research and Analysis
Restorical searches for viable historical insurance policies, researches the site history, analyzes the contamination impacts, and underwrites potential coverage — including a proprietary trigger analysis. At the end of Task 1, we provide a clear yes or no on whether a successful cost recovery is possible, along with a strategy and recommendation specific to your situation, even if you are not the policyholder.
Task 2 — Coverage and Funding
When Task 1 confirms viable coverage, Restorical works with your legal counsel to tender the claim, negotiate and secure insurance coverage. Restorical will manage the ongoing claim process, including accounting to ensure the insurance companies are funding your remediation in a timely manner.

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This analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.