This property has a documented history as a property with a heating oil tank predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
Contamination at this Grays Harbor County state-route right-of-way was discovered incidentally during a waterline construction project along SR 109, when workers uncovered a cut or broken buried pipe in the excavation wall. Soil samples collected at the site returned results of 4,700 ppm Diesel Fuel #2 and 220 ppm Lube Oil using NWTPH-Dx methods, and lead was also detected in soil at 200 mg/Kg. No cleanup actions have been taken to date; the site has been recommended for Washington's contaminated sites list and is currently awaiting cleanup. 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 co-occurrence of petroleum hydrocarbons and lead in the soil is a strong indicator that the buried pipe or tank system was in active use before leaded gasoline was largely phased out in the mid-1980s, placing the origin of this contamination within the era when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. Because remediation has not yet commenced, the full scope of investigation and cleanup costs lies ahead. Historical CGL policies issued during the pre-1986 operational window may be available to fund those expenditures.
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.