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.
A historically abandoned 1,000- to 1,500-gallon heating oil tank was discovered at this Puyallup residential property during housing development construction in 2014, along with a supply line that was nicked during excavation, releasing diesel fuel. Cleanup activities have included excavation and removal of the tank, with initial soil sampling confirming that cleanup levels were achieved within the tank excavation footprint. Additional sampling around the pump and supply lines is still required, and the site remains listed for further action 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 heating oil system at this property was already historically abandoned when it was uncovered in 2014, consistent with the residential heating oil infrastructure installed across western Washington predominantly during the 1950s through the 1970s — well within the occurrence-based Commercial General Liability policy era. CGL policies issued during that operational window carried no effective pollution exclusion and remain a viable funding source for the investigation and remediation costs this property now faces, including the additional sampling and potential cleanup work still ahead.
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.