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.
An undocumented approximately 200-gallon heavy oil underground storage tank was discovered at this property during construction activities in 2016. The tank — steel-constructed with heavy steel bands, consistent with 1960s–1970s-era heating oil infrastructure — had never been registered in Washington's UST database. Following removal, a site assessment confirmed heavy oil contamination in soil at concentrations exceeding MTCA Method A cleanup levels, with contaminated soil remaining in place in two areas. The site is enrolled in the Voluntary Cleanup Program, and cleanup work is ongoing. 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 undocumented UST at this property predates Washington State's UST registration requirements, which took effect in the late 1980s, and its steel construction is consistent with tanks installed in the 1960s and 1970s — well before 1986. Occurrence-based Commercial General Liability policies issued during that pre-1986 installation window typically carried no effective pollution exclusion, and the heavy oil contamination discovered here — exceeding state cleanup levels with residual soil contamination still in place — represents the type of legacy release those policies were written to address. The ongoing remediation costs at this site could be recoverable from historical carriers whose policies were in effect when the tank was installed and operating.
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.