This residential property at 1624 S Cushman Ave in Tacoma houses a heating oil tank that was confirmed in service as of 2014, when an initial investigation documented an oily discharge and visible sheen at the surface. The site is listed under Washington's Standard Cleanup program with groundwater suspected to be affected by petroleum-diesel hydrocarbons; a 2024 SHARP report scored the groundwater exposure pathway as complete, and the property lies within the five-year travel time of a City of Tacoma Water Division well. No groundwater sampling has yet been conducted, and the site remains in awaiting-cleanup status. 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.
Residential heating oil tanks in Tacoma's established neighborhoods were predominantly installed between the 1940s and 1970s, well within the era when occurrence-based Commercial General Liability policies covered pollution liabilities without an effective pollution exclusion. The petroleum contamination now suspected at this property traces to a heating oil system whose installation and decades of operation predate 1986. As investigation and cleanup costs accrue — groundwater assessment, potential tank removal, and site remediation — historical CGL policies issued during the tank's operating era may provide a viable path to fund those expenditures.
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.
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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.