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 underground heating oil tank at this property is the type of long-installed residential infrastructure that was typically in place well before 1986, when occurrence-based CGL policies still covered gradual pollution releases without exclusion. The contamination discovered here — diesel migrating from a leaking tank over an extended period — is precisely the kind of slow, progressive release those historical policies were designed to address. The full cost of remediating this site — tank removal, contaminated soil excavation, and any required monitoring — could plausibly be funded by carriers whose policies were in effect during the years the tank was leaking.

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.