This property has a documented history as a bulk fuel distribution terminal predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
The Whidbey Oil property in Clinton operated as a heating oil distribution facility, storing and dispensing home heating oil through four large underground storage tanks — three rated at 20,000 gallons each and one at 10,000 gallons — along with a loading rack used to fill home heating oil tankers. A complaint-driven investigation initiated in October 1991 found that the loading rack area was saturated with oil from obvious historic spillage. The four USTs were scheduled for removal by the end of January 2000, which represents the only documented cleanup activity at the site; no further remediation has been recorded, and the status remains Awaiting Cleanup. 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 contamination at this property — petroleum saturating the soil around a tanker loading rack and 70,000 gallons of total underground storage capacity — reflects the kind of chronic, ongoing release that pre-1986 occurrence-based CGL policies were designed to cover, before effective pollution exclusions became standard. The 1991 investigation described the spillage as obviously historic, placing its origin well before 1986 when those policies were still in force. The property owner now faces the cost of a full investigation and remediation; historical carriers whose policies were active during the facility's operating years may be obligated to fund those cleanup expenditures.
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.


