OPALCO owned and operated an electric generation facility in Friday Harbor from the 1930s through the mid-1970s, approximately 45 years of continuous industrial use. The facility relied on an underground fuel storage tank and an above-ground fuel storage tank supplied by Unocal and Standard Oil via fuel distribution lines. A Phase II Environmental Site Assessment confirmed diesel-range petroleum hydrocarbons in the perched water table at depths of 1.6 to 8.4 feet, with documented concern about downgrade contaminant migration toward the marine waters of Friday Harbor. The site is enrolled in Standard Cleanup and awaiting remediation. 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.
OPALCO's electric generation facility operated for roughly four decades before 1986, storing and handling diesel fuel through underground and above-ground tanks and distribution lines throughout that period. Occurrence-based Commercial General Liability policies issued during those pre-1986 operational decades carried no effective pollution exclusion in Washington. The petroleum contamination now threatening Friday Harbor's marine waters traces to fuel storage infrastructure that was in active use under those policies, and the investigation, containment, and remediation costs the property faces could fall within the coverage those historical carriers provided.
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.