This property has a documented history as a farm and agricultural operation going back to 1978. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This rural 2.02-acre property in Ferndale stored gasoline in a 100-gallon underground tank, consistent with fuel use for agricultural equipment on a hobby farm or homestead setting. The tank was removed in October 2003, and an attempt to excavate the resulting contaminated soil was halted due to projected costs; no further remediation has occurred since. The site remains in an awaiting-cleanup status under Washington State Ecology's Standard Cleanup program. 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.
Applying standard tank lifecycle assumptions, the underground gasoline tank at this property was installed around 1978 — placing it squarely within the era when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion. TPH-gasoline contamination from a leaking pre-1986 underground storage tank is precisely the type of slow, ongoing release those policies were written to cover. The remediation costs deferred when soil excavation was abandoned may be recoverable from historical carriers whose policies were in force during the tank's operational years.
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.
