The Steilacoom Marina operated as a boat storage and fueling facility with a 2,000-gallon leaded gasoline underground storage tank — a fuel type phased out in the mid-1980s, placing the tank's installation squarely before 1986. In August 1989, Ecology was notified of a confirmed release from the UST, and the tank was removed on August 25 of that year; a site assessment by AIRO Services documented petroleum contamination from the release. The site's fuel dock was decommissioned in 1999, and a 2009 marina fire introduced additional contamination concerns. A Remedial Investigation completed in April 2024 and an Ecology Further Action letter issued in October 2024 confirmed petroleum hydrocarbons in groundwater and identified potential impacts to surface water and sediment, with further characterization now required under the Voluntary Cleanup Program. 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.
The petroleum contamination at this marina traces to a leaded gasoline UST that was installed and operated well before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The confirmed 1989 release from that tank triggered decades of investigation and remediation activity — site assessment, tank removal, remedial investigation, and ongoing groundwater characterization — costs that accumulated from a release rooted in pre-1986 fuel operations. Historical carriers who covered the marina's operations during the period the UST was in service may be obligated both to recover past remediation expenditures and to fund the cleanup 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.
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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.