This property has a documented history as a property with a heating oil tank going back to 1955. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
The Smithhart Property comprises residential parcels at 3734 and 3737 South 194th Street in SeaTac, where a heating oil tank associated with a home built in 1955 was found to be leaking petroleum diesel onto the neighboring property. The contamination was reported around 2010, when a neighbor noticed an odor consistent with a fuel release and Ecology confirmed petroleum-diesel as the contaminant source. Initial investigations and a site hazard assessment have been completed or recommended; no excavation, groundwater treatment, or other active remediation has been undertaken, and the site remains in Awaiting Cleanup status. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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 tank at this property was installed as part of a residential home constructed in 1955 — more than three decades before 1986, when occurrence-based Commercial General Liability policies were still standard and carried no effective pollution exclusion. The contamination here originates from a long-standing operational component of the property, not a discrete recent accident, making it the type of slow, ongoing release those pre-1986 policies were written to address. The investigation and future remediation costs this property now faces could plausibly be funded by historical carriers whose policies were in force during the decades the tank was in active residential use.
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.
