This property has a documented history as a automobile dealership going back to 1950. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property operated as an auto dealership from the 1950s through 1985, followed by subsequent auto repair facility operations. A 300–500 gallon heating oil underground storage tank was removed from the site in the mid-1980s, and undocumented petroleum-handling practices at the dealership are identified as the primary sources of soil and groundwater contamination. Site assessment and groundwater monitoring were conducted from 2008 to 2009 as part of an ongoing investigation; no active cleanup work has commenced. 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 heating oil UST and associated petroleum-handling practices at this site were in operation for decades before 1986 — the point at which occurrence-based Commercial General Liability policies began incorporating effective pollution exclusions. Contamination traced to those pre-1986 auto dealership operations represents precisely the class of gradual release that older CGL policies were written to address. With site investigation underway and cleanup costs still ahead, historical carriers who insured the dealership or its successors during that pre-1986 window may carry an obligation to fund remediation.
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.
