This property has a documented history as a public works and maintenance facility predating 1986. 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 continuously as the Skagit County Public Works Department Burlington Road Shop — a road maintenance and vehicle fueling facility relying on underground storage tanks for gasoline, diesel, and waste oil. Petroleum-impacted soil and groundwater were discovered in 1992 during UST removals; subsequent cleanup has included excavation of over 2,300 tons of contaminated soils (1,600 tons treated by landfarming), removal of multiple tanks totaling approximately 13,700 gallons of capacity, off-site disposal of accumulated pit water, and annual groundwater monitoring ongoing since 2003. The facility remains in active operation as a county road maintenance yard. 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 underground storage tanks at this public works yard were removed and upgraded between 1992 and 1999, a timeline that places their original installation — and the contamination they caused — well before 1986, when occurrence-based CGL policies were still the industry standard and carried no effective pollution exclusion. The documented remediation record — UST removals, thousands of tons of excavated and landfarmed soil, pit-water disposal, and more than two decades of groundwater monitoring — represents expenditures tied directly to those pre-1986 operations. Historical carriers who issued CGL coverage to this facility during that earlier operational window may be obligated both to recover those cleanup costs and to fund remediation that continues today.
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.


