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 heating oil tank at this property was installed and in service well before 1986 — the building itself predates 1980 based on the presence of asbestos-containing materials — placing the contamination's origin squarely within the era of occurrence-based Commercial General Liability policies that carried no effective pollution exclusion. The documented remediation costs incurred in 2004 — tank removal, contaminated soil excavation, thermal treatment, and attenuation enhancement — represent expenditures that historical carriers may be obligated to recover. Because the site remains in 'Cleanup Started' status with no closure determination, future investigation and remediation work almost certainly lies ahead, and those forthcoming costs may be equally claimable against the policies in force when the tank was leaking.

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.