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.
This residential property in Vancouver contained a 500-gallon underground heating oil tank on the north side of the garage, which exhibited significant corrosion and multiple one-centimeter holes through its walls and bottom when inspected in 2017, indicating a long-term release from gradual tank degradation. Cleanup work included excavation and removal of the tank, removal of approximately 6 tons of petroleum-impacted soil, and vacuum-truck recovery of roughly 900 gallons of heating oil-impacted water and 5 gallons of sludge from the tank interior. Confirmation soil sampling was completed and the excavation backfilled, though the cleanup remains ongoing under Ecology's Standard Cleanup program. 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 degree of corrosion documented at this site — significant rust and multiple penetrations through the tank walls and bottom — is consistent with a tank that had been buried and in service for several decades, placing its installation and active use well before 1986. Occurrence-based CGL policies issued during that pre-1986 operational window carried no effective pollution exclusion and remain enforceable against historical carriers. The documented remediation costs — tank excavation and removal, petroleum-impacted soil disposal, and vacuum-truck services — represent expenditures those carriers may be obligated to recover; and because the cleanup is ongoing, historical policies may also be called upon to fund whatever additional remediation work is required to bring the site to closure.
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.
