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.

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 tanks at this property were installed well before 1986 — the riveted steel construction of one tank and the use of PS300 fuel oil, a product commonly associated with an earlier era, point to an installation date potentially as early as the 1970s or before. Occurrence-based CGL policies in effect during those decades of operation would have covered the slow petroleum releases that went undetected until the 1998 excavation. The documented remediation expenditures — tank removal, soil excavation and off-site treatment, groundwater disposal, and long-term monitoring — represent costs that historical carriers may be obligated both to recover and to fund going forward.

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.