This property has a documented history as a property with a heating oil tank going back to 1947. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property was occupied by single-family residences from at least 1947 through 1985, during which time a small steel tank — measuring five by four by three feet and found with its bottom completely rusted out — was installed and eventually abandoned on site. During 2002 construction work, that tank, a 12-inch galvanized pipe, and a 55-gallon drum were unearthed along with approximately 170 cubic yards of petroleum-contaminated soil, which was removed via thermal treatment and landfilling; ponded excavation water was discharged to the city sewer. Diesel-range TPH reached 5,800 mg/kg and heavy oil range TPH 1,700 mg/kg in the affected soil. As of 2013 a $200,000 holdback agreement remained open pending a No Further Action letter that has not yet been issued. 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 residential use of this property dates to at least 1947, placing the installation and active use of this heating oil tank well within the decades when occurrence-based CGL policies carried no effective pollution exclusion. The $200,000 holdback documented in 2013 — tied to contamination whose origin traces directly to that pre-1986 tank — is a concrete, quantified liability still outstanding at this specific property. With no NFA closure on record, the remaining remediation obligation from a release rooted in nearly four decades of residential-era tank use is an active exposure that historical carriers from that window 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.
