This property has a documented history as a industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This Port Angeles property served as an industrial site for decades before being selected in 2003 as the location for the Washington State Department of Transportation's Graving Dock project, which fabricated pontoons for floating bridge construction. Petroleum contamination at the site came to light during a City of Port Angeles sewer improvement excavation, when workers uncovered contaminated soil and water with a noticeable petroleum odor and observed soiled absorbent pads in the excavated water. The property, currently zoned Industrial Heavy, has not undergone active remediation and remains in an Awaiting Cleanup status under the 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.
The petroleum contamination found at this site originated from industrial operations that predate 1986 by decades — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The contamination's discovery during routine municipal excavation, rather than any identifiable recent incident, is consistent with the slow, historical releases those pre-1986 policies were written to address. With active cleanup yet to commence, the investigation, design, and remediation costs now ahead of this property represent expenditures that historical carriers who issued CGL coverage during the prior decades of industrial activity at this site may 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
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.
