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 — and recover costs already spent.

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 diesel UST at this Pioneer Square property was an unregistered, single-walled steel tank with no installation records — characteristics that place it squarely in the pre-1986 era, before federal registration requirements took effect and before double-walled construction became mandatory. Commercial General Liability policies issued to the building's operators during that period carried occurrence-based coverage with no effective pollution exclusion. The remediation expenditures already incurred — tank removal, soil excavation, groundwater pumping, bioremediation — along with the ongoing monitoring Ecology has recommended, represent cleanup costs that historical carriers who covered the property during the tank's operational life may be obligated both to reimburse and to fund going forward.

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.