Heating Oil Tank cleanup site — Restorical Research
Habitat for Humanity MLK
5022 Martin Luther King Jr Way S, Seattle, King County
Restorical Research
Preliminary Site-Specific Analysis

This property has a documented history as a property with a heating oil tank going back to 1945. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.

The property at 5022 Martin Luther King Jr Way S was first developed in 1945 as a residence and served that use through the mid-1980s, with a 300-gallon heating oil underground storage tank supplying the home throughout its residential tenure. Following abandonment of the UST, removal work uncovered petroleum-diesel contamination in perched groundwater at concentrations 300 times the applicable cleanup level. Contaminated groundwater was removed and disposed off-site under the Voluntary Cleanup Program, and remediation work is ongoing. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.

Former Use
Former Heating Oil Tank
Address5022 Martin Luther King Jr Way S, Seattle, King County
Historical UseHeating Oil Tank
Est. Operating Since1945
StatusCleanup Started
Contamination & Investigation
Site Assessment Summary
ContaminantsPetroleum-diesel range hydrocarbons (TPH-D) detected in groundwater at concentrations far exceeding cleanup levels
Media ImpactedSoil, Groundwater
Regulatory ProgramMTCA — Voluntary Cleanup Program
Ecology Site #16903

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 heating oil tank at this property was installed and operated for nearly four decades before 1986, the year occurrence-based Commercial General Liability policies ceased reliably covering pollution claims. Petroleum-diesel contamination requiring excavation, groundwater removal, and continued remediation traces directly to that pre-1986 residential heating operation. Historical carriers whose CGL policies were in effect during the tank's decades of service may be obligated to recover costs already incurred and to fund the cleanup work that remains.

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

Task 1 — Research and Analysis
Restorical searches for viable historical insurance policies, researches the site history, analyzes the contamination impacts, and underwrites potential coverage — including a proprietary trigger analysis. At the end of Task 1, we provide a clear yes or no on whether a successful cost recovery is possible, along with a strategy and recommendation specific to your situation, even if you are not the policyholder.
Task 2 — Coverage and Funding
When Task 1 confirms viable coverage, Restorical works with your legal counsel to tender the claim, negotiate and secure insurance coverage. Restorical will manage the ongoing claim process, including accounting to ensure the insurance companies are funding your remediation in a timely manner.

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This analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.