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 — and recover costs already spent.
This property was operated by Crowley Marine Services as a bulk petroleum facility, with activities centered on the large-scale handling and storage of petroleum products for marine vessels. Soil analysis has identified Total Petroleum Hydrocarbons (TPH as motor oil), Polynuclear Aromatic Hydrocarbons (PAHs), and Polychlorinated Biphenyls — specifically Aroclor-1254 and Aroclor-1260 — in site soils. A Remedial Investigation characterizing the contamination ran from October 2012 through May 2016, and the site remains in active cleanup under Washington's 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 detection of Aroclor-1254 and Aroclor-1260 at this site is definitive evidence that bulk-plant operations here predated 1979, when PCB manufacturing was federally banned — placing the contamination origin squarely within the era when occurrence-based CGL policies covered this class of petroleum facility against pollution liability without effective exclusion. The Remedial Investigation that ran from October 2012 through May 2016 generated documented expenditures that historical carriers may be obligated to recover; the site characterization and cleanup phases now following represent future costs those same policies may be obligated to fund.
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.
