This property has a documented history as a property with a heating oil tank going back to 1958. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This residential property in Vancouver was constructed in 1958 and relied on an underground heating oil tank that had been in service since the home was built. In February 2006, the aging, corroded 250-gallon tank was discovered leaking, with oil saturating the foundation and seeping onto the basement floor. Response work included pumping 211 gallons of heating oil from the tank and trench; the tank was removed in 2010, along with excavation and disposal of 20 tons of contaminated soil and backfill with clean material. The site remains in Awaiting Cleanup status with no evidence of ongoing remediation or monitoring. 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.
The heating oil contamination at this property originated from a tank installed when the home was built in 1958 — nearly three decades before occurrence-based CGL policies incorporated effective pollution exclusions. A tank described as old and corroded at the time of its 2006 discovery almost certainly released heating oil gradually over an extended period, precisely the type of slow, continuous discharge that pre-1986 occurrence-based policies were written to address. Historical carriers whose policies were in force during the decades that tank operated may remain obligated to fund the investigation and remediation costs the property owner now faces.
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.
