The Birch Bay Village Community Club property in Blaine is a confirmed leaking underground storage tank (LUST) site, discovered in 1992 and assessed under a UST Site Assessment in April 1993. Petroleum-gasoline contamination has been confirmed in groundwater above state cleanup levels, with contamination also confirmed in sediment and suspected in surface water. The site is enrolled in the Standard Cleanup program, and remediation work is ongoing. 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.
Underground storage tanks at this property were already leaking by 1992, and standard tank degradation timelines place their installation well before 1986 — squarely within the era when occurrence-based Commercial General Liability policies were issued without effective pollution exclusions. The petroleum contamination now confirmed in groundwater and sediment originated from infrastructure installed and operated during that pre-1986 policy window. Cleanup costs incurred to date and remediation expenses still ahead represent expenditures that historical CGL carriers may be obligated both to recover and to fund going forward.
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.