This property has a documented history as a property with a heating oil tank going back to 1949. Historical insurance policies issued during operations at this property 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.

The heating-oil UST at this property was installed and operated for more than three decades before 1986, a period during which occurrence-based Commercial General Liability policies had no effective pollution exclusion under Washington law. Those historical carriers may be obligated both to recover costs already incurred — tank removal, soil excavation, and groundwater treatment to date — and to fund the anticipated years of ongoing monitoring and additional remediation that the Voluntary Cleanup Program work plan calls for.

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.