This property has a documented history as a gasoline service station going back to 1964. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property has operated as a retail gasoline service station since approximately 1964, with multiple pump islands and a complex of underground storage tanks — including a 10,000-gallon leaded gasoline tank and two unleaded tanks totaling 22,000 gallons — serving customers at 1350 Bay Street in Port Orchard. Contamination was first identified in 1988, triggering multi-phase remediation under the LUST program and later the Voluntary Cleanup Program, including removal of approximately 1,000 cubic yards of impacted soil, dewatering and discharge of affected groundwater, and in-situ chemical oxidation injections using RegenOx and Perme-Ox. Planning for additional remedial actions — including oxygen injection and potential soil venting — remains underway. 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 USTs at this site were installed in the early 1960s and dispensed leaded gasoline for more than two decades before Washington's regulatory framework began requiring pollution-specific coverage. More than three decades of documented remediation — continuous monitoring and regulatory engagement since 1988, excavation of roughly 1,000 cubic yards of contaminated soil, multiple chemical oxidation campaigns, and active planning for further injection and venting work — represent a substantial and still-growing cost trail tied directly to those pre-1986 operations. Historical CGL carriers who issued policies to this station's operators during the 1960s, 1970s, and early 1980s may retain obligations to fund both the remediation already performed and the work still ahead.
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.
