This property operated as the Sears Automotive Service Center, with underground storage tanks on site dating back to at least 1936. Ten USTs — containing gasoline, diesel, new oil, and waste oil — were removed in 1992, along with 80 cubic yards of contaminated soil. Earlier remediation addressed a 1985 diesel fuel tank leak that required pumping 9,100 gallons from the tank, and several other USTs were closed in place between 1973 and 1976. The site is enrolled in the Voluntary Cleanup Program, and cleanup work is ongoing. 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.
Contamination at this property stems from petroleum storage and automotive service operations that began as early as the 1930s and continued through the mid-1980s — decades during which occurrence-based CGL policies carried no effective pollution exclusion in Washington. The documented remediation costs, including multiple rounds of tank removal, soil excavation, and spill response, were incurred to address releases tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during the site's long operational window may be obligated both to recover past cleanup expenditures and to fund the remediation work that remains 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.