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 fund a cleanup.
This K-Mart location formerly offered automotive service using ten hydraulic auto lifts installed within the east end of the structure, each associated with a 60-gallon underground storage tank. Two of the original ten lifts had been removed at an earlier unspecified date due to apparent hydraulic fluid leaks, and remedial action has been in process since at least 1992 — involving removal of the two lifts, excavation of contaminated soil, and partial backfilling of the excavated areas with clean soil. No further action has commenced since that initial remediation, and the site remains in awaiting-cleanup status. 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 contamination at this property originates from hydraulic fluid releases tied to underground storage tanks associated with the auto lift systems — equipment that was in service well before 1986, when occurrence-based CGL policies were standard and carried no effective pollution exclusion. Ecology's records confirm the contamination predates 1992, consistent with a release from operations during that pre-1986 window. Historical carriers who issued CGL coverage to K-Mart during the years those automotive service operations were active may still be obligated to fund the cleanup costs that remain unresolved at this site.
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.
