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.
The Scott Property at 13531 State Route 9 NE in Arlington was used for automobile work, with agency records describing containers of oil, paint, grease, and acid scattered across the property and identifying petroleum-diesel, petroleum-gasoline, benzene, and lead among the contaminants in soil and groundwater. Washington State Ecology maintained multi-year involvement from 2017 through 2020, issuing orders requiring removal of contaminated soil and spilled hazardous waste, compliance with hazardous waste storage requirements, and a prohibition on burning certain waste materials. The site is currently awaiting formal cleanup under the Model Toxics Control Act through the Voluntary Cleanup Program. 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 contamination at this property — a substance whose widespread use in gasoline and other automotive products largely ceased before 1986 — places the origin of at least a portion of the contamination squarely in the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The contamination pattern here reflects chronic improper storage and accumulated dumping over an extended period rather than a single recent incident, precisely the kind of ongoing release that pre-1986 occurrence policies were written to address. A property owner now facing soil removal, hazardous waste disposal, and multi-year remediation costs has grounds to examine whether historical carriers whose policies were in force during those earlier automotive operations remain obligated to fund what 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.
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.
