This property operated as a car dealership and full-service repair shop from the 1950s through the late 1970s, with gasoline, diesel, bunker oil, and waste oil underground storage tanks supporting fuel dispensing and vehicle maintenance operations. The facility also housed hydraulic hoist pits, an automobile painting room, a wash rack, and floor drains — all potential contamination sources. Five USTs were removed between 1991 and 1993, and cleanup has included excavation of over 1,900 cubic yards of contaminated soil, liquid and sludge removal from service pits, groundwater monitoring well installation, and management of investigation-derived waste, with assessment activities continuing through 2023. 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.
Petroleum contamination at this site traces to car dealership and repair operations that ran for roughly two decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removals, large-scale soil excavation, pit cleanout, groundwater monitoring, and decades of ongoing assessment — represent costs tied directly to releases from those pre-1986 operations. With cleanup still underway, historical carriers who issued CGL policies during the 1950s-through-1970s operational window may be obligated both to recover past remediation costs and to fund the work 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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.