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.

Assessment documentation characterizes the tank removed from this property in 2009 as "old," placing its installation and operational period before 1986 — when occurrence-based CGL policies were the industry standard and carried no effective pollution exclusion in Washington. The documented remediation costs to date — tank removal, soil excavation, and off-site disposal — were incurred to address a release from that pre-1986 operational window. With contaminated soil remaining on-site and further investigation still pending, historical carriers whose policies were in force during the tank's operating years may be obligated to fund both past expenditures and the cleanup work still to come.

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.