The Fairmount Grocery & Motel in Port Angeles is an established commercial property with underground storage tanks dating to 1986, when 2,000-gallon USTs were installed, followed by 8,000-gallon USTs in 1992. A 2021 site investigation confirmed significant groundwater contamination, with gasoline-range petroleum hydrocarbons measured at concentrations up to twelve times the cleanup level, diesel-range hydrocarbons up to 420 times the cleanup level, and benzene up to six times the cleanup level across multiple borings. Cleanup is underway under the Standard Cleanup program. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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 Fairmount Grocery & Motel operated as a commercial business before its first documented tank installation in 1986, placing the facility's operations squarely within the era when occurrence-based Commercial General Liability policies were the industry standard. The petroleum and benzene contamination now confirmed in groundwater at concentrations far exceeding cleanup levels represents the kind of ongoing remediation liability those pre-1986 policies were designed to cover. Historical carriers who insured the property during that operational window may be obligated to fund both the cleanup costs already incurred and the remediation work still ahead.
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.
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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.