This property was used for auto mechanic activities that involved the spillage and dumping of used crankcase oil onto the asphalt parking area. An investigation identified petroleum contamination and elevated lead concentrations (87–140 mg/kg) in the soil. The property owners removed strewn auto parts and most vehicles and ceased all auto repair operations prior to 1999; the site is currently awaiting cleanup under the Standard Cleanup program. 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 stems from ongoing auto mechanic operations — not a single incident — with lead levels in the soil consistent with crankcase oil from the era when leaded gasoline was standard, placing the origin of these releases squarely before 1986. Occurrence-based CGL policies issued during that operational window carried no effective pollution exclusion in Washington and may still respond to the cleanup costs this property now faces. With remediation yet to begin, historical carriers could be obligated to fund the investigation, design, and remedial 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.
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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.