This residential property in Edgewood housed a heating oil underground storage tank that was removed in April 2004. During the tank removal, fuel was spilled and surrounding soil was contaminated with diesel-range hydrocarbons. Subsequent investigation confirmed petroleum products in the groundwater as well. The site is currently awaiting cleanup under Washington's Standard Cleanup program. 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 heating oil tank at this property was installed well before 1986 — the 25-year serviceable life of the removed tank places its installation no later than the late 1970s, squarely within the era of occurrence-based Commercial General Liability coverage. Petroleum contamination in soil and groundwater now requires remediation under the Standard Cleanup program, and those cleanup costs have yet to be incurred. Historical CGL policies issued during the tank's pre-1986 operational years may be obligated to fund the investigation and remediation this property still 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.