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.

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 tanks at this property served buildings dating to 1920 and 1960 — operations spanning decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The documented costs here — UST removals, excavation of over 300 tons of impacted soil, vapor barrier installation, and a long-term monitoring and inspection regime — represent both expenditures already incurred and costs still accumulating. Historical carriers whose policies were in force during those pre-1986 decades of heating oil tank operation may be obligated to recover past remediation costs and to fund the work that remains.

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.