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 contamination at this property — PCP and diesel from a drum stored on-site for decades — originated from a period well before 1986, when occurrence-based CGL policies were still the industry standard and carried no effective pollution exclusion in Washington. Long-term storage and slow release of PCP and diesel from a container in place since at least the early 1980s is precisely the kind of gradual pollution event those policies were written to cover. With additional cleanup still required, historical carriers whose policies were in force during the drum's storage period may bear an obligation both to fund ongoing remediation and to recover costs already incurred.

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.