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.
The Tan & Yang Property in Bothell, Snohomish County has been identified as a contamination-affected site tracing to a leaking underground home heating oil tank at a neighboring address on 228th Street SE. The source tank was removed in an excavation on July 12, 2006, but petroleum contamination has been identified as likely migrating from the 727 site toward the 805 228th Street SE address. The site is enrolled in Washington's Standard Cleanup program and no active remediation has yet commenced. 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 underground home heating oil tank responsible for this contamination was installed and in operation before 1986 — when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington State. A pre-1986 CGL policy issued to the responsible party during the tank's operating years may remain enforceable against the petroleum release now documented at this site. With cleanup still pending, the costs of investigation, remedial design, and active cleanup represent expenditures that historical carriers could be obligated to fund.
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.
