This single-family residential property in Vancouver was built in 1939 and equipped with a 325-gallon underground heating oil tank as part of the home's original heating system. Petroleum-diesel range hydrocarbons were subsequently detected in groundwater at the site, prompting tank decommissioning and cleanup activities. The site has since achieved No Further Action status under Washington's cleanup program. 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 underground heating oil tank at this property was installed circa 1939, nearly five decades before the 1986 shift away from occurrence-based liability coverage. Insurance policies in effect during the tank's decades of pre-1986 operation were written without the pollution exclusions that became standard after 1986. The cleanup costs incurred to address petroleum-diesel contamination in groundwater — tank decommissioning, investigation, and remediation — represent expenditures that historical carriers from that operational window may be obligated to cover.
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.