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.
This property contained a 500-gallon heating oil underground storage tank that was pumped and removed in January 2008, along with its associated piping and approximately 6.64 tons of TPH-contaminated soil. The initial removal was conducted as an independent action under Washington State's Standard Cleanup program; however, petroleum contamination above cleanup levels remains in the soil, and the site's cleanup is ongoing. 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.
Applying a standard tank-lifecycle estimate, the 500-gallon heating oil UST removed in 2008 was likely installed around 1983 — prior to the 1986 industry shift away from occurrence-based Commercial General Liability policies with no effective pollution exclusion. The TPH contamination that persists above cleanup levels at this property is directly tied to those pre-1986 heating oil operations. Historical CGL carriers whose policies were in force during the tank's operational years may bear an obligation to fund the remediation costs that remain 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.
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.
