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 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 degree of corrosion documented at removal — rusting through to holes up to six inches across — is consistent with decades of in-ground service predating the mid-1980s tightening of UST regulations, placing the tank's operational period squarely within the era when occurrence-based CGL policies carried no effective pollution exclusion in Washington. Petroleum hydrocarbon contamination at this site traces directly to that pre-1986 tank operation. The documented remediation costs — UST removal, soil excavation, chemical oxidation, and an ongoing monitoring and LNAPL recovery program — are the type of expenditures that historical carriers whose policies covered the property during that window may still be obligated to fund.

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.