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.

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 tank at this property was installed by the original homeowner when the residence was first developed — placing its operational history well before 1986, when occurrence-based Commercial General Liability policies were still standard and contained no effective pollution exclusion. A slow, ongoing release from a residential heating oil tank is precisely the type of environmental harm those policies were written to cover. The unresolved cost dispute and pending court action over excavation and remediation expenses signal that significant cleanup liability remains, and historical CGL carriers whose policies were in force during the tank's operational years may be obligated to fund those costs.

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.