This property has a documented history as a property with a heating oil tank predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
The Mount Baker Block Building is a historic four-story brick commercial building in Port Townsend whose heating oil system predates 1986 — the building's boiler was replaced approximately that year, indicating the original tank and heating infrastructure had been in service for years prior. A 2004 construction incident damaged the underground heating oil tank, releasing petroleum into the subsurface. Subsequent investigation confirmed free product in groundwater and TPH-diesel and heavy oil in subsurface soil and groundwater at concentrations exceeding MTCA cleanup levels. The site is enrolled in the Standard Cleanup program and awaits active remediation. 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 heating oil system at this property was in continuous operation before 1986, during the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. That pre-1986 operational window means historical CGL policies may have been in force covering the building's fuel storage infrastructure throughout its early decades of use. As the property now faces investigation and remediation costs to address petroleum contamination in soil and groundwater, those historical policies represent a potential source of funding for the cleanup expenditures 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.
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.