The building at this property was constructed in 1957, and underground storage tanks were installed in 1960 to support heating oil distribution operations that continued for over 50 years. A UST decommissioning and site assessment conducted in 2025 identified diesel-range organic contamination in soil surrounding the former tank locations, with impacted soil confirmed to be in contact with shallow groundwater at approximately 15 feet below ground surface. A Cleanup Action Plan has been prepared recommending groundwater monitoring wells and biosparging remediation; active cleanup has not yet commenced. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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.
Heating oil distribution operations at this property date to 1960, placing more than two decades of commercial activity squarely within the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The diesel-range contamination now requiring remediation — soil treatment, groundwater monitoring, biosparging — stems from infrastructure installed and operated throughout that pre-1986 window. Historical carriers who underwrote CGL coverage during those decades of tank operations may be obligated to fund the cleanup costs the property owner now faces.
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.
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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.