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 recover the cleanup costs already paid.
The former Midland Elementary School operated in Tacoma through the 1950s, with two heating oil underground storage tanks supplying the facility; the tanks were reportedly removed in 1983. Diesel heating oil contamination was subsequently discovered across three areas of the property, prompting cleanup under the Voluntary Cleanup Program. Remediation included excavation and removal of approximately 4,249 tons (2,955 cubic yards) of diesel-contaminated soil from three pits and a trench, along with pumping and disposal of 6,281 gallons of petroleum-impacted groundwater. Groundwater monitoring over four quarters from 2002 to 2005 confirmed cleanup effectiveness, and the site received a No Further Action determination. 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 contamination at this property originated from heating oil tanks that were in active use at a school operating through the 1950s — operations that predate 1986 by three decades or more. Although the tanks were removed in 1983, the diesel they left behind was not discovered until the early 2000s, the exact pattern of long-latency release that occurrence-based CGL policies, written before effective pollution exclusions took hold, were designed to address. The documented remediation costs — removal of over 4,200 tons of impacted soil, groundwater extraction, and years of monitoring — are tied directly to those pre-1986 tank operations, and historical carriers whose policies were in force during that window may be obligated to recover them.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.