This property has a documented history as a property with a heating oil tank going back to 1938. 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 UST removed in 2010 was, by standard tank lifecycle inference, installed no later than 1985 — placing its operational period within the pre-1986 window when occurrence-based CGL policies carried no effective pollution exclusion in Washington. The contamination documented here is characterized as a historic release from that tank, not a recent event. Historical carriers who issued CGL policies to the property owner before 1986 may be obligated to fund the soil excavation, tank removal, and ongoing groundwater remediation costs already incurred and anticipated.

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.