This property has a documented history as a property with a heating oil tank going back to 1960. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property housed a veterinary clinic with two underground storage tanks — a gasoline UST for fueling company vehicles and a 500-gallon heating oil tank serving the clinic building — both installed in a structure built prior to 1960. The gasoline UST was removed in 1992 and the heating oil tank in 1994; contamination from both tanks was confirmed by the presence of lead scavenger additives consistent with leaded gasoline used through the late 1980s. Cleanup is ongoing under the Standard Cleanup program, with an estimated 2,400 cubic yards of petroleum-impacted soil recommended for excavation and a groundwater monitoring program evaluating natural attenuation as a remedial measure. 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 petroleum contamination at this site originated from underground storage tanks that were installed and operated for decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. With active remediation still ahead — large-scale soil excavation and long-term groundwater monitoring — the cleanup costs both already incurred and yet to come are tied directly to releases from those pre-1986 operations. Historical carriers whose CGL policies were in effect during the tanks' operational life may be obligated to fund the remaining remediation and recover past 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.
