This property has a documented history as a property with a heating oil tank going back to 1936. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
Hilltop Middle School was rebuilt in 1936 and operated with underground heating oil storage for decades. A heating oil UST was first discovered at the school in 2002, and in 2006 construction crews uncovered a second previously unknown ~2,500-gallon heating oil tank when a backhoe punctured it during excavation. The removed tank was severely deteriorated — pitted and perforated with holes — indicating decades of underground corrosion. The site entered the Voluntary Cleanup Program, with petroleum contamination confirmed in soil and suspected in groundwater; Ecology has required further groundwater investigation, and cleanup remains ongoing. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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 USTs at this property were original infrastructure from the school's 1936 construction era, placing the onset of underground petroleum storage fifty years before 1986. The corroded, hole-riddled condition of the 2,500-gallon tank confirms a slow release that developed over decades of pre-1986 operation — precisely the type of long-duration occurrence that CGL policies of that era were designed to cover. Remediation costs already incurred and still accumulating — tank removal, soil excavation, groundwater investigation — are expenditures that historical carriers who insured the property during those decades of operation 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.
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
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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.