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.

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.

Underground residential heating oil tanks of the type at issue here are predominantly legacy installations from well before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and had no effective pollution exclusion. The diesel contamination confirmed in the soil represents the kind of slow, age-related release those pre-1986 policies were written to address. As the site advances toward a formal remedial process, the costs of investigation, cleanup design, and soil remediation may be fundable by historical carriers whose policies were in force during the tank's operational life.

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.