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.
This Yakima property is a private residence where a leaking underground heating oil tank caused diesel contamination discovered in December 1997. The tank was removed on December 31, 1997, along with 1.67 tons of contaminated soil; additional remediation included capping remaining contamination, rebuilding the foundation, lining and backfilling the excavation, mechanically ventilating the crawl space, and cleaning and sealing concrete surfaces. The site remains listed as contaminated and in need of further cleanup under the Voluntary Cleanup Program. 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 underground heating oil tank at this residence was removed in 1997 but had been in service for an estimated 25 or more years before the leak was discovered, placing its installation in the early 1970s — well before 1986, when occurrence-based CGL policies still lacked an effective pollution exclusion. The contamination here reflects the slow, ongoing release characteristic of a tank that operated throughout that pre-1986 window. The documented remediation costs — tank removal, soil disposal, structural repair, and continuing cleanup obligations — are the type of expenditure that historical carriers 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.
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.
