The Buffalo Square property in Everett has a layered operational history that includes use as a U.S. Army transmitter station, a potato processing plant, and an auto body and engine repair business. Cleanup activities under the Voluntary Cleanup Program have been ongoing since May 1999, encompassing multiple rounds of contaminated soil excavation and off-site disposal totaling approximately 285–305 cubic yards and 60 tons, free product removal from a groundwater well, permanent abandonment of a groundwater well and a septic tank, concrete vault removal, and indications of soil vapor extraction. Contaminants identified at the site include free product in the lube oil range, methylene chloride in groundwater, and total lead. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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 — petroleum free product, methylene chloride, and lead — is consistent with decades of auto body and engine repair operations that predate 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion in Washington. More than twenty-five years of documented remediation work, from soil excavation and free product recovery to well abandonment and ongoing site management, represent substantial cleanup expenditures tied to those historical operations. Carriers who issued CGL policies during the pre-1986 operational window may be obligated both to recover costs already incurred and to fund the remediation still underway.
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.
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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.