This property has a documented history as a property with a heating oil tank going back to 1949. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property in Lakewood features a building originally constructed in 1949, served by an underground heating oil tank. In September 2012, the tank cracked during its removal, releasing heating oil into the surrounding soil. Diesel contamination in soil was measured at 24,200 mg/kg — more than twelve times the MTCA Method A cleanup level of 2,000 mg/kg. The site lies within the wellhead protection zone of three municipal drinking water wells, and while no groundwater sampling has been conducted, contamination risk to groundwater has been noted; the site is awaiting cleanup 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 building on this property dates to 1949, and the underground heating oil tank that served it was almost certainly installed and operating well before 1986 — the year occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. Decades of heating-oil storage at this site fall squarely within the coverage window of those earlier policies. The cleanup costs the property owner now faces — investigation, soil remediation, and potential groundwater treatment in a sensitive wellhead protection area — could plausibly be funded by historical carriers whose CGL policies were in effect during the tank's pre-1986 operational life.
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.