This property has a documented history as a auto body / repair shop predating 1986. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
West Bay Auto Parts, Inc. operated an automotive parts and repair facility at 2610 SE Mile Hill Drive in Port Orchard, Kitsap County, where petroleum hydrocarbons, tetrachloroethylene, and lead were released into the soil. Independent remedial actions were performed to address the contamination, with cleanup activities documented across a multi-year project spanning August 2001 through April 2003 under the Voluntary Cleanup Program. The site has since received a No Further Action determination. 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 presence of lead in soil alongside petroleum hydrocarbons at this auto parts facility is a strong indicator that operations here involved leaded gasoline — a fuel phased out of commercial sale by 1986. Occurrence-based Commercial General Liability policies issued to operators during that pre-1986 window carried no effective pollution exclusion, making them potentially accessible to recover the documented remediation costs at this property. The No Further Action determination confirms that cleanup expenditures addressing petroleum hydrocarbons, chlorinated solvents, and lead were incurred and accepted as sufficient by regulators.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.
