This property has a documented history as a bulk fuel distribution terminal predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This site in Anacortes was contaminated by gasoline, diesel, and kerosene that migrated from an adjacent petroleum bulk terminal operated by Reisner Distributing, traveling through underground pipes that once followed a former dock out into the channel. Site investigation began in 1996, and in March 2001 four metal pipes were excavated and removed along with contaminated soils, with approximately 30 gallons of fuel pumped from the pipes. Follow-up site visits continued through 2002, but the site remains in Awaiting 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 property originated from bulk terminal infrastructure — underground distribution pipes and above-ground storage tanks — that predates 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The release of gasoline, diesel, and kerosene through those buried pipes represents the kind of gradual, long-duration contamination event those policies were designed to cover. With cleanup still ahead, the investigation and remediation costs the property now faces could plausibly be funded by historical carriers whose policies were in force during the decades the bulk terminal operated.
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.
