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

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 release at this property is directly tied to a heating oil UST that was actively in service well before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion in Washington. Historical carriers who issued CGL policies to the building operator during that pre-1986 window may be obligated both to recover the remediation costs already incurred — three decades of excavation, tank removal, LNAPL recovery, and in-situ treatment — and to fund the estimated $1,244,000 in future cleanup work the site still requires. The documented link between pre-1986 heating oil operations and the diesel-range contamination now driving a multi-year remediation program makes this property a strong candidate for historical insurance recovery.

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.