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.

Residential heating oil tanks of this type were routinely installed in homes built well before 1986, when occurrence-based policies — including homeowners' and Commercial General Liability forms — carried no effective pollution exclusion. The diesel petroleum release here, tied to an underground tank whose installation almost certainly predates modern UST regulations, is precisely the slow, progressive contamination those pre-1986 policies were designed to cover. With investigation, soil remediation, and potential groundwater treatment all still ahead, historical insurers whose policies were in force during the tank's operational life may be obligated to fund those upcoming costs.

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.