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 heating oil tanks at this property were installed decades before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion in Washington. The excavation, tank removal, soil disposal, and groundwater recovery work conducted from 2015 through 2017 represent documented remediation expenditures that historical carriers may be obligated to recover. With Standard Cleanup still underway, those same pre-1986 policies may also be available to fund the investigative and remediation work that remains ahead.

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.