Heating Oil Tank cleanup site — Restorical Research
Montgomery Property
Seattle, King County
Restorical Research
Preliminary Site-Specific Analysis

This property has a documented history as a property with a heating oil tank going back to 1950. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.

This former single-family residence in Seattle operated with a 300-gallon heating oil underground storage tank from 1950 through 1990, when the property's residential use ended. Following UST removal, a release of diesel-range petroleum hydrocarbons was confirmed in soil and groundwater, prompting cleanup between May and July 2005 that included removal of the tank, excavation of 822.36 tons of contaminated soil, and pumping of 700 gallons of affected groundwater, with the excavation area subsequently backfilled with clean imported material. The site was placed on Ecology's Confirmed and Suspected Contaminated Sites List in June 2007, with Voluntary Cleanup Program involvement running from 2007 until the program was terminated due to inactivity in 2010. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.

Former Use
Former Heating Oil Tank
AddressSeattle, King County
Historical UseHeating Oil Tank
Est. Operating Since1950
StatusCleanup Started
Contamination & Investigation
Site Assessment Summary
ContaminantsDiesel-range petroleum hydrocarbons (TPH) from a heating oil UST detected in soil and groundwater
Media ImpactedSoil, Groundwater
Regulatory ProgramMTCA — Voluntary Cleanup Program
Ecology Site #344

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 heating oil UST at this Seattle residence was in operation for decades before 1986, the last year occurrence-based Commercial General Liability policies were routinely issued without effective pollution exclusions. The diesel contamination found in the soil and groundwater here is a slow release tied directly to that pre-1986 operational period. Documented remediation costs — UST removal, excavation of more than 822 tons of impacted soil, groundwater recovery, and regulatory oversight — represent expenditures that historical CGL carriers whose policies were in force during the tank's operational life may be obligated both to recover and to fund as the cleanup continues.

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

Task 1 — Research and Analysis
Restorical searches for viable historical insurance policies, researches the site history, analyzes the contamination impacts, and underwrites potential coverage — including a proprietary trigger analysis. At the end of Task 1, we provide a clear yes or no on whether a successful cost recovery is possible, along with a strategy and recommendation specific to your situation, even if you are not the policyholder.
Task 2 — Coverage and Funding
When Task 1 confirms viable coverage, Restorical works with your legal counsel to tender the claim, negotiate and secure insurance coverage. Restorical will manage the ongoing claim process, including accounting to ensure the insurance companies are funding your remediation in a timely manner.

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This analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.