This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
The U.S. Fish and Wildlife Service's Whitcomb Island Farm in Paterson maintained a fueling station at its maintenance shed, supplied by a 1,500-gallon gasoline and a 2,000-gallon diesel aboveground storage tank. A January 1998 site inspection discovered surface staining around the fueling pump and found both tanks out of compliance with fire codes; they were removed in 1999 along with 300–313 tons of contaminated soil. Cleanup continued across several phases: a Soil Vapor Extraction system installed in 2001 removed more than 1,150 pounds of hydrocarbons by 2004, a 2006 excavation removed an additional 357 tons of soil with 750 pounds of oxygen-release compound placed in situ, and an air-sparging and groundwater-recirculation system was installed in 2008, with monitoring and treatment system maintenance continuing through at least 2010. 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 tanks at this site were characterized as 'old' at the time of their 1999 removal — a descriptor consistent with pre-1986 installation and a long period of continuous fueling operations before any contamination was detected or investigated. The contamination is attributed to the gradual historical release from the fueling system, not a discrete post-1986 event, placing its origin squarely within the era when CGL policies carried no effective pollution exclusion. The documented remediation expenditures across five phases — tank removal, soil excavation, SVE operation, ORC injection, air sparging, and years of groundwater monitoring — represent the kind of long-tail liability that historical carriers whose policies were in effect during the tanks' operational life may still be obligated to fund.
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.
