This residential property required remediation for petroleum contamination associated with a heating oil underground storage tank. Environmental Tank Service, Inc. carried out remediation activities in 2002 under the Voluntary Cleanup Program, addressing petroleum releases that had reached groundwater. The Washington Department of Ecology issued a No Further Action determination for the site on July 21, 2003. 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.
The petroleum contamination at this property originated from a residential heating oil underground storage tank — infrastructure typically installed decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard. The remediation costs incurred here — environmental assessment, tank services, and cleanup of petroleum-affected groundwater — were driven by a release from that tank. Historical CGL carriers whose policies were in effect when the tank was installed and operating may bear obligation for those documented cleanup expenditures.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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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.