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 operated as a bulk petroleum storage and distribution facility — documented in records as a former tank farm — releasing petroleum hydrocarbons into soil, groundwater, and possibly marine sediments. Cleanup under the Voluntary Cleanup Program began in 2005, with an Interim Source Removal Action from August to November 2006 that excavated and thermally treated 2,630 cubic yards of contaminated soil using an on-site dewatering system. Follow-up groundwater monitoring ran through 2007–2008, supplemental investigations followed, and the VCP agreement was terminated in 2010 after consideration of a disproportionate cost analysis and environmental covenants. 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 this former tank farm is attributed to historical petroleum storage and distribution operations predating 1986 — a timeframe corroborated by the presence of lead contamination consistent with the leaded-gasoline era. Occurrence-based CGL policies issued to the facility's operators during that pre-1986 window carried no effective pollution exclusion under Washington law and may remain enforceable today. The documented remediation expenditures — thermal desorption of 2,630 cubic yards of impacted soil, multi-year groundwater monitoring, and supplemental site investigations — represent costs the historical carriers may be obligated both to recover and to fund as the site's cleanup continues.
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.
