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 diesel contamination found beneath this heating oil tank is consistent with a release that originated during the tank's operational life — a period that, given the prevalence of residential heating oil systems installed well before 1986, likely falls within the window when occurrence-based CGL policies carried no effective pollution exclusion. The remediation costs the property owner now faces — any further investigation, monitoring, or cleanup Ecology may require — could plausibly be funded by historical carriers whose policies were in effect when the tank was in service and the contamination first occurred.

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.