This property has a documented history as a property with a heating oil tank going back to 1972. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.

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 UST at this property was estimated to have been installed by 1972 — more than a decade before occurrence-based Commercial General Liability policies began excluding pollution claims. The documented remediation costs spanning thirteen years — UST removals, soil excavation and disposal, groundwater recovery, monitoring well installation, and long-term oversight through 2010 — were incurred to address petroleum releases tied directly to that pre-1986 infrastructure. Historical carriers who issued CGL policies while the tank was in service may still be obligated to recover those cleanup expenditures.

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.