This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
The Marblemount Ranger Station, a National Park Service facility in Skagit County, maintained multiple underground storage tanks for gasoline and diesel fuel, with the original tanks predating 1986 and storing leaded gasoline. In April 1989, 440 gallons of gasoline leaked from a UST during decommissioning, and an EPA investigation the following month confirmed soil and groundwater contamination — including free product floating on the groundwater table and contamination of a nearby drinking water well with oil and grease. The original tanks were decommissioned between 1989 and 1996, a replacement system was installed in November 1990 and itself decommissioned in 2012. Cleanup is underway under the Standard Cleanup program, though groundwater has never been fully assessed or remediated. 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 petroleum contamination at this site originated from underground storage tanks that held leaded gasoline — a fuel phased out in the mid-1980s — confirming these fueling operations were active well before 1986, when occurrence-based CGL policies were still standard and carried no effective pollution exclusion. The 1989 EPA investigation documented gasoline in soil, free product on the water table, and drinking-water-well impacts — all tied to those pre-1986 tank operations. With groundwater never remediated and cleanup still in progress, the remediation costs this property faces going forward represent obligations that historical carriers who issued policies during the original fueling operations may be required to fund.
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.