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.
The Becker Residence in Kelso sits on a property with an underground heating oil storage tank whose operation contaminated surrounding soils with Total Petroleum Hydrocarbons (TPH-Diesel) at concentrations exceeding MTCA Method A cleanup levels. A site investigation confirmed the contamination; however, no remediation activities or cleanup actions have been documented with Ecology to date. The site carries a "Cleanup Started" administrative designation, but no physical cleanup work has yet been recorded. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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 tank at this Kelso residence almost certainly predates 1986 — the property itself dates to 1940, and the contamination is attributed to the tank's historical operation rather than any recent event. Occurrence-based CGL policies issued to the property owners during that pre-1986 window carried no effective pollution exclusion in Washington and remain enforceable today. The investigation costs already incurred, and the remediation expenditures that cleanup will require as it moves forward, represent obligations that historical carriers may be required both to reimburse 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.
