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.
This property on the UW Burke-Gilman Trail corridor contained a historic heating oil tank and a waste oil disposal vault, both identified as sources of petroleum hydrocarbon and PAH contamination discovered during redevelopment associated with the demolition of Mercer Hall. A prior cleanup action conducted from 2011 through 2012 involved the excavation and offsite disposal of approximately 3,418 tons of contaminated soil; residual contamination was addressed through capping with asphalt, concrete, geotextile fabric, and clean topsoil, with institutional controls — a site tracking system and training programs — remaining in place. The site currently carries an Awaiting Cleanup designation, indicating that further remediation work is anticipated. 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 contamination at this property — petroleum hydrocarbons and PAHs released from a tank described in cleanup documents as 'historic' — is precisely the kind of pre-1986 release that occurrence-based CGL policies were written to fund. Whatever remediation the Awaiting Cleanup designation requires going forward represents costs that historical carriers whose policies were in force during the tank's operational life may be obligated to cover. The prior 2011–2012 action, which removed more than 3,400 tons of contaminated soil, constitutes additional past expenditures that those same carriers may also be obligated to recover.
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.
