This property has operated as an auto repair and bus maintenance shop since at least 1985, with two underground storage tanks serving vehicle fueling operations on site. Cleanup activities began in 1994 with the excavation and removal of both USTs along with 188 cubic yards of contaminated soil, followed by excavation and bioremediation of an additional 22 cubic yards in 1996. The project has remained active through at least 2013, with residual soil contamination still requiring further remedial action. The property continues to operate as an automobile repair and maintenance facility. 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 underground storage tanks that were in service during the pre-1986 period when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Nearly two decades of documented remediation expenditures — tank removals, soil excavation, bioremediation, and ongoing site management — were incurred to address releases tied to those historical operations. Because cleanup is not yet complete, the historical carriers who issued CGL policies during that operational window may be obligated both to reimburse past remediation costs and to fund the remaining work.
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.