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 recover the cleanup costs already paid.
The Stutz Oil site in Gig Harbor formerly operated as a bulk fuel storage facility, with five above-ground storage tanks ranging from 12,000 to 25,000 gallons handling gasoline and diesel. Cleanup under the Voluntary Cleanup Program included removal of the ASTs and site buildings, excavation of more than 800 cubic yards of contaminated soil, and at least eleven rounds of groundwater monitoring. An Environmental Covenant and asphalt cap were implemented as institutional controls; the Covenant was subsequently terminated following successful remediation, and the site has 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 contamination at this property — highly weathered petroleum hydrocarbons and lead-impacted soils — carries the signature of pre-1986 operations: leaded gasoline was broadly phased out by the mid-1980s, and the complete absence of benzene in the TPH profile indicates a release of considerable age from this bulk distribution facility. Occurrence-based CGL policies in force during the decades when these tanks were actively receiving and dispensing fuel contained no effective pollution exclusion under Washington law. The documented remediation costs — AST and structure removal, multi-phase soil excavation, and years of groundwater monitoring — represent expenditures that historical carriers from that pre-1986 window may be obligated to recover.
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.
