This property has a documented history as a property with a heating oil tank going back to 1946. 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 release at this property originated from a UST serving a mortuary that had been in operation since 1946, with the tank documented in service since the 1970s — well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The remediation record here is substantial: tens of thousands of tons of excavated soil, UST removal, groundwater recovery, and continued cleanup obligations that remain unresolved. Historical carriers who issued CGL policies to the property operator during that pre-1986 window may be obligated both to recover those incurred costs and to fund the work that still lies ahead.

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.