This property has a documented history as a bulk fuel distribution terminal going back to 1940. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.

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.

Petroleum storage and distribution operations at this Orcas Island bulk plant stretch back more than four decades before 1986, well into the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The contamination now documented in groundwater and tideland sediments traces to the same fuel-handling operations that those historical policies covered. With cleanup underway and remediation costs accruing — site investigation, sediment assessment, and ongoing response — historical carriers who insured the facility during its pre-1986 operating decades may be obligated to fund both past expenditures and the 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.