This property has a documented history as a auto body / repair shop going back to 1953. 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.

Auto repair and petroleum storage operations at this property began more than three decades before 1986, when occurrence-based Commercial General Liability policies still lacked effective pollution exclusions in Washington. The 2016 Phase II ESA represents documented investigative expenditures already incurred to characterize contamination tied directly to those pre-1986 operations. Remediation costs beyond investigation — soil treatment, groundwater management, long-term monitoring — lie ahead as the Voluntary Cleanup Program work advances, and the historical carriers whose CGL policies were in force during the operational window may be obligated both to recover those past investigation costs and to fund the ongoing cleanup.

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.