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.

Both tanks at this property were bare steel construction with no cathodic protection, fiberglass coating, or double-wall design — a standard that predates the 1988 federal UST regulations and is characteristic of pre-1986 installations. The heating oil tank's advanced corrosion, with holes through the bottom consistent with decades of underground use, further supports a long operational history reaching into the occurrence-based CGL policy era. The cleanup costs now being incurred — investigation, remediation of petroleum-contaminated groundwater — represent liabilities that historical carriers who issued policies during that pre-1986 operational window may be obligated to fund.

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.