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 recover the cleanup costs already paid.
This residential property was served by a 300-gallon heating oil underground storage tank that was reportedly decommissioned in approximately 1988 by previous owners. In 2007, the current homeowners discovered a strong fuel odor while installing a basement drainage system, triggering a formal investigation under the Voluntary Cleanup Program. Remediation included removal of the tank in September 2007 and, in March and April 2009, excavation of approximately 309.4 tons of petroleum-contaminated soil and pumping of 800 gallons of water from the excavation pit. The site has since received a No Further Action determination. 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.
The heating oil tank at this property was in active operation before 1986, the threshold year after which occurrence-based Commercial General Liability policies began incorporating effective pollution exclusions. A slow subsurface release from a residential heating oil tank is precisely the type of gradual, ongoing contamination event that pre-1986 CGL policies — issued to prior owners during the tank's operational life — were designed to cover. The documented remediation expenditures at this site — tank removal, excavation of nearly 310 tons of impacted soil, and groundwater removal — represent costs that historical carriers whose policies were in force before decommissioning may still be obligated to recover.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.
