This property has a documented history as a bulk fuel distribution terminal going back to 1936. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property on Vashon Island operated as a Bunker C fuel oil transfer facility, with two above-ground storage tanks — one holding approximately 100,000 gallons and a second holding 10,000 gallons — used to move heavy fuel oil by barge, tank truck, and truck to heat off-site greenhouses. Fuel transfer operations were terminated around 1959 to 1960, and the tanks were removed in the early 1960s. Groundwater monitoring conducted from July 2006 through January 2007 documented ongoing impacts from the historical Bunker C oil release, and cleanup work continues under the Voluntary 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 contamination at Ellisport Creek originates from bulk fuel oil operations that ended around 1959 — more than a quarter century before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion. Above-ground tanks holding up to 110,000 gallons of Bunker C oil were in active service from at least 1936 through the late 1950s, meaning historical carriers who issued CGL policies during that operational window may remain obligated to fund the remediation costs now being incurred. The groundwater monitoring program and ongoing VCP work represent expenditures directly traceable to releases from those pre-1986 transfer operations.
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
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.
