This property has a documented history as a property with a heating oil tank going back to 1942. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
This property — part of Naval Air Station Whidbey Island — housed a 4,000-gallon underground storage tank that served a building constructed in 1942 and had been in service since the 1940s as a heating oil source. TPH contamination in the C8–C24 carbon range, consistent with heating oil, was detected at the site. Remediation included removal of the UST in March 2013, disposal of investigation-derived waste (soil cuttings, purged groundwater, and decontamination water), backfilling of soil borings, and removal of temporary monitoring wells, with site investigation activities continuing through 2015. The site has since received a No Further Action designation. 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 heating oil tank at this site was installed and operational by the 1940s — more than four decades before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion. The TPH contamination documented here is the direct product of petroleum storage and distribution that began during that pre-exclusion era and persisted for decades. Historical carriers who issued CGL policies covering operations at this facility during that window may bear obligations for the investigation and remediation costs incurred here.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.
