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.

Residential heating oil USTs in the Pacific Northwest were overwhelmingly installed before 1986, when occurrence-based Commercial General Liability policies were the industry standard. The three tanks at this property remained undiscovered in the ground for decades, consistent with that pre-1986 installation era. With diesel-range organics in groundwater at concentrations hundreds of times above cleanup levels, the remediation costs ahead are substantial — and historical CGL carriers whose policies were in effect when these tanks were installed and operating may be obligated to fund them.

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.