This property has a documented history as a property with a heating oil tank predating 1986. Historical insurance policies issued during operations at this property 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 USTs at this property were in service well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Past remediation expenditures — tank removal, soil excavation, and more than two decades of groundwater monitoring — represent costs that historical carriers may be obligated to recover. Beyond those past costs, active in-situ bioremediation is continuing, leaving future remediation expenditures open; carriers whose policies covered the pre-1986 operational period may face liability for those forward-looking costs as well.

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.