This property has a documented history as a bulk fuel distribution terminal going back to 1935. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property served as a bulk fueling terminal from at least 1935, operated by a succession of lessees — including Northwest Supply Company, NW Fuel Company, and Shell Oil Company — under Port of Bellingham lease agreements. A 2002 Phase II Environmental Site Assessment confirmed benzene, gasoline, diesel, and motor oil range hydrocarbons in groundwater above MTCA Method A cleanup levels, and a 1991 facility map documented eight 20,000-gallon aboveground storage tanks on-site. Groundwater contamination remains confirmed above cleanup levels, and the site is currently awaiting cleanup 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.
Bulk fuel storage and distribution at this property began in 1935 — more than five decades before occurrence-based Commercial General Liability policies ceased reliably covering pollution claims. The petroleum contamination now confirmed in groundwater traces directly to decades of fuel handling conducted under those pre-1986 policies, when no effective pollution exclusion applied in Washington. The investigation, design, and remediation costs this property now faces could plausibly be funded by historical carriers whose CGL policies were in force during the bulk terminal operations that gave rise to the benzene and petroleum hydrocarbon releases.
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.