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.

Heating oil USTs of the kind documented at this property are characteristic of older residential infrastructure installed and operated well before modern tank regulations and before 1986, when occurrence-based Commercial General Liability policies were the standard and carried no effective pollution exclusion. The petroleum hydrocarbon contamination in soil and groundwater here represents the kind of slow, chronic release those policies were designed to cover. With the VCP terminated and Ecology having found the initial remedial plan inadequate, substantial future cleanup costs remain — costs that historical CGL carriers whose policies were in force during the tank's operating years may be obligated to fund.

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.