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 Langley waterfront property operated as the Chevron Bulk Terminal, a petroleum bulk storage and distribution facility, with underground storage tanks — including a 1,300-gallon gasoline UST and a 500-gallon diesel/gasoline UST — that pre-dated NBBB's 1979 acquisition of the site. In 2016, an interim cleanup removed both USTs along with product lines and a catch basin, excavated approximately 100 cubic yards of petroleum-contaminated soil for thermal treatment, and dewatered and sent 5,068 gallons of contaminated groundwater off-site for treatment. Groundwater monitoring and site assessment activities are ongoing. 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 former bulk terminal traces to UST releases from operations that pre-date 1979 — placing the contamination origin squarely in the era of occurrence-based Commercial General Liability policies with no effective pollution exclusion in Washington. Lead detected in groundwater during a 1992 monitoring event is a strong indicator of historical leaded-gasoline use predating 1986, further anchoring the contamination timeline to that policy window. The documented interim-cleanup expenditures — UST removals, soil excavation, and groundwater dewatering — represent costs that historical carriers may be obligated to recover, with continued monitoring expenses remaining in play.
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.
