This property has a documented history as a property with a heating oil tank going back to 1973. 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.

The heating oil USTs at this school property were installed and operated for decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. Historical carriers who issued CGL policies during that operational window may be obligated both to recover costs already documented — the 1998 tank removals and the 2013 soil excavation and thermal treatment — and to fund the continuing remediation obligations the property owner carries under the active Standard Cleanup program. Because cleanup here is not yet complete, the exposure to those historical carriers runs to future expenditures as well as past ones.

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.