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 heating oil release at this property originated from an underground storage tank that was in service well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The contamination — diesel-range petroleum hydrocarbons migrating through soil and groundwater — is the type of gradual, ongoing release those policies were written to cover. With cleanup still underway, historical carriers who issued CGL policies during the tank's operating years may be obligated both to reimburse remediation costs already incurred and to fund the monitoring and corrective work that remains.

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.