An 800-gallon underground heating oil tank at this residential property was found to be leaking and was decommissioned by removal in 2011. Petroleum-diesel contamination was identified in groundwater, prompting quarterly groundwater monitoring under the Voluntary Cleanup Program. Ecology issued a No Further Action opinion letter in March 2012, closing out the site. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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 in service well before 1986, placing its operational years squarely within the era of occurrence-based Commercial General Liability policies that carried no effective pollution exclusion. The documented remediation — tank removal, groundwater contamination assessment, and quarterly monitoring — represents cleanup expenditures tied to a release from that pre-1986 infrastructure. Historical carriers whose policies were in effect during the tank's operational life may be obligated to recover those costs.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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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.