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.

The heating oil tank at this property was in service prior to 1986 — the period when occurrence-based Commercial General Liability policies were still standard and carried no effective pollution exclusion. A slow-release contamination event of the type represented here, originating from an underground storage tank installed and operated before that threshold year, falls squarely within the coverage trigger those historical policies were designed to address. The costs this property owner now faces — fuel recovery, in-situ bioremediation, and any further remediation work — could plausibly be funded by historical carriers whose policies were in effect 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.