This property has a documented history as a property with a heating oil tank going back to 1950. 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 and operating decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and contained no effective pollution exclusion in Washington. Diesel range petroleum hydrocarbons in the soil and groundwater here are a direct legacy of those pre-1986 heating oil operations — not a recent incident. The documented remediation costs already incurred — tank removals, soil excavation, groundwater recovery, and multi-year monitoring — represent expenditures that historical carriers who issued CGL policies during the property's operational window may be obligated both to recover and to fund going forward.

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.