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 petroleum contamination here originated from an in-basement heating oil system — the type of above-ground storage tank characteristic of properties built and operated well before 1986, when occurrence-based CGL policies carried no effective pollution exclusion. The release, attributed to an overfill of that tank, is exactly the kind of slow, ongoing release those pre-1986 policies were written to cover. With petroleum remediation costs yet to be incurred, historical carriers whose policies were in force during the decades of heating oil operations may be obligated to fund the cleanup that remains ahead.

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.