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.

The petroleum contamination at this property originates from an underground storage tank installed before federal registration requirements took effect in the mid-1980s, placing its operational history squarely within the era of occurrence-based Commercial General Liability policies that carried no effective pollution exclusion. Groundwater beneath the site already exceeds regulatory cleanup levels for diesel-range and oil-range hydrocarbons, and the proximity of Puget Sound may expand the scope and cost of remediation. Historical carriers who issued CGL policies covering this property during the tank's pre-1986 operational period may be obligated both to recover cleanup expenditures already incurred and to fund the remediation work ahead.

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.