This residential property at 16611 14th Ave Ct E in Spanaway was the subject of an ERTS complaint citing automotive work with improper vehicle fluid containment, with lead and petroleum gasoline identified as suspected contaminants. An initial investigation has placed the site on Ecology's cleanup list under the Standard Cleanup program; however, no remediation work has commenced, and multiple attempts to contact the property owner have gone unanswered. 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 suspected presence of lead alongside petroleum gasoline at this property is consistent with the use of leaded gasoline — a product phased out well before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion. If investigation confirms that automotive operations and improper fluid handling predate 1986, the cleanup costs the property owner now faces — site investigation, characterization, and eventual remediation of lead and petroleum contamination — could fall within the coverage window of historical CGL policies issued during that era.
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.