This property has a documented history as a property with a heating oil tank going back to 1928. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
The Gierman property at 9507 27th Ave NW is a residential site constructed in 1928, heated for decades by an oil-burning furnace connected to an underground storage tank. Discovery of the release during a 2015–2016 routine tank removal revealed holes in the aging UST, triggering cleanup under the Voluntary Cleanup Program; remediation has included excavation of 22.04 tons of contaminated soil and recovery of 1,925 gallons of petroleum-impacted groundwater and LNAPL in 2017, an in-situ chemical oxidation pilot study in 2019, full-scale percarbonate injections totaling 3,893 gallons between 2020 and 2021, and a proposed new ISCO pilot study for 2023, with Monitored Natural Attenuation under active consideration as a cleanup alternative. Active remediation at the site is ongoing. 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.
Contamination at this property originated from a heating oil UST installed in a residence built in 1928 — nearly six decades of chronic release from aging infrastructure before 1986. Occurrence-based CGL policies issued during that pre-1986 window carried no effective pollution exclusion in Washington and remain enforceable against historical carriers. The documented remediation expenditures at this site — soil excavation, groundwater and LNAPL recovery, multiple chemical oxidation campaigns, and continuing pilot studies — represent costs tied directly to that long-term release, and the cleanup is not yet complete.
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.
