This property has a documented history as a property with a heating oil tank going back to 1978. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.

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.

This apartment complex has been in continuous operation since its 1978 construction — eight years before the 1986 shift away from occurrence-based Commercial General Liability coverage. CGL policies issued to the property's owners during that pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. The cleanup costs now facing this property — investigation, remediation design, and groundwater restoration — represent liabilities that historical carriers who covered the facility during its pre-1986 operational years 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.