This property has a documented history as a public works and maintenance facility going back to 1984. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
Three 3,000-gallon underground storage tanks — two gasoline, one diesel — were installed at the Clallam Bay Corrections Center in 1984 to support fuel operations at this Washington Department of Corrections facility. A 2005 site investigation by GeoEngineers confirmed diesel-range petroleum hydrocarbons in groundwater at concentrations up to 35,900 µg/L, far exceeding the MTCA Method A cleanup level of 500 µg/L; arsenic and lead are also suspected in groundwater. Additional fuel infrastructure at the site includes a 30,000-gallon diesel UST and six product pipelines. Cleanup work is underway. 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 fuel storage infrastructure that gave rise to this contamination was installed in 1984, squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Diesel-range petroleum hydrocarbons exceeding cleanup levels by orders of magnitude, combined with suspected metals contamination, point to remediation costs that will continue to mount as cleanup progresses. Historical carriers who covered this facility during the 1984 operational window may bear obligation for both the costs already incurred and those 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.
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.