The dwelling at this Snohomish residential property was built in 1954, with a heating oil above-ground storage tank serving the home's oil-heat system. A release from the tank contaminated groundwater with petroleum hydrocarbons — field investigations found petroleum oil floating on the water table at a depth of four to five feet, requiring skimming and oil collection as part of the remediation effort. Groundwater has since been remediated below applicable cleanup standards, and the site has received a No Further Action determination. 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 system at this property dates to the mid-1950s, more than three decades before 1986 — the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The petroleum release from that system generated documented remediation costs including groundwater skimming, oil recovery, and monitoring to closure. Historical carriers who provided CGL coverage during the decades this heating oil tank was in service may be obligated to recover those cleanup expenditures.
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.