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.
This property operated as a hotel with two underground heating oil storage tanks — a 2,500-gallon UST beneath the building's basement and a 1,500-gallon second tank — both confirmed to have leaked petroleum hydrocarbons into site soil. In December 2004, UST #1 was excavated and removed along with associated contaminated soil, while UST #2 was cleaned and decommissioned in place by filling with concrete; residual hydrocarbon fluid was recovered from both tanks. The site has been under regulatory assessment and listed on hazardous site lists from 2004 through at least 2013, with cleanup work ongoing under the Standard Cleanup program. 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 petroleum hydrocarbon contamination at this property traces directly to leaking heating oil tanks that were installed and operating well before 1986, when occurrence-based Commercial General Liability policies remained the industry standard and carried no effective pollution exclusion. The documented remediation record — UST removal, contaminated soil excavation, in-place decommissioning of a second tank, fluid recovery, and years of regulatory listing — represents expenditures tied to releases from those pre-1986 operations. Historical carriers who issued CGL policies during the hotel's operational window may be obligated both to recover costs already incurred and to fund the remaining cleanup obligations 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.
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.
