This property has a documented history as a property with a heating oil tank going back to 1910. 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 petroleum contamination at this property originated from a heating-oil storage system that served Sears operations dating back to 1910 — more than seven decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with pollution exclusions. The documented remediation costs here — product recovery, UST closure, excavation of 1,700 cubic yards of soil, and years of regulatory compliance — were incurred to address releases tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during the decades the UST was in service may be obligated both to recover past cleanup expenditures and to fund the remaining work.

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.