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.

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 underground heating oil tank at this property was installed and in service decades before 1986, when occurrence-based Commercial General Liability policies were the norm and carried no effective pollution exclusion. The diesel contamination confirmed in the soil is the product of long-term leakage from aging residential tank infrastructure — precisely the kind of slow, gradual release those pre-1986 policies were written to address. The remediation costs this property owner now faces to resolve the remaining contamination may be recoverable from historical carriers whose policies were in force during the tank's operational years.

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.