This property has a documented history as a auto body / repair shop predating 1986. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
The Midas Silverdale site is a currently operating automotive repair shop equipped with six hydraulic lift stations, two of which are recessed into below-grade vaults. A slow leak of hydraulic oil from one of the lift vaults led to the site's placement on Ecology's Contaminated Sites List in April 1999, following a subsurface soil and groundwater investigation conducted in 1998. Cleanup under the Voluntary Cleanup Program from at least 2009 through 2019 has included pumping out contaminated vault water and sludge, taking the leaking hydraulic lift out of service, capping a contaminated area encompassing an estimated 10–25 cubic yards of impacted soil, and conducting quarterly groundwater monitoring. 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 petroleum contamination at this property — hydraulic oil and related petroleum products in soil and groundwater — originated from automotive repair operations that predate 1986, as evidenced by the nature and extent of contamination already requiring investigation by 1998. Occurrence-based CGL policies issued during that pre-1986 operational window carried no effective pollution exclusion in Washington and remain enforceable today. The site's documented cleanup expenditures over more than a decade of VCP work, along with any remediation costs still ahead, represent obligations that historical carriers may be required to fund.
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
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.