This property has a documented history as a public works and maintenance facility going back to 1974. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
The McKernan State Hatchery, a Washington Department of Fish & Wildlife facility in Shelton, Mason County, operated a 1,000-gallon diesel underground storage tank used to power emergency generation at the site. The UST was removed in 1999 after being found in bad shape with numerous pinholes and pits; cleanup under the Voluntary Cleanup Program included excavation and off-site disposal of approximately 15 cubic yards of petroleum-contaminated soil. Groundwater monitoring wells were installed in 2000, with quarterly monitoring conducted through 2001 and confirmation sampling repeated in 2012, spanning roughly 14 years of oversight before the site received a No Further Action determination. 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 estimates, the diesel UST at this state hatchery was likely installed around 1974 — placing its operational years within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The tank's documented deterioration, pinholes and pitting consistent with decades of use, indicates that diesel releases into the surrounding soil and groundwater accumulated gradually over many years before the tank's removal. Carriers that issued CGL policies to the facility's operators during that pre-1986 window may be obligated to recover the documented remediation costs, including soil excavation and more than a decade of groundwater monitoring.
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
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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.
