This property has a documented history as a property with a heating oil tank going back to 1977. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This residential property in Kent had three underground storage tanks installed in 1977, including a heating oil tank that supplied the home's forced-air furnace and a separate gasoline UST. All three tanks were removed in February 2016 — rinsed, inerted, and recycled — and while initial post-removal soil samples showed contamination below cleanup levels, groundwater contamination has since been confirmed. Budget estimates have been prepared for future remediation activities, including excavation of contaminated soil for on-site treatment and in-situ chemical injection, with the site currently awaiting further cleanup under the Voluntary 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 underground storage tanks at this property — and the petroleum releases tied to them — date to 1977, nearly a decade before occurrence-based CGL policies ceased to reliably cover pollution-related claims. Pre-1986 general liability policies in effect during those years of residential tank operation may carry no effective pollution exclusion and could remain enforceable today. The remediation work still ahead — soil excavation, on-site treatment, and in-situ chemical injection — represents a known future expenditure that historical carriers may be obligated to fund.
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.
