This property operated as the South Seattle Auto Auction, with an auto shop complex at its southern end serviced by an underground storage tank system that dispensed gasoline. A petroleum hydrocarbon release was documented in October 1992 during UST decommissioning, prompting soil excavation at the former tank location and installation of a groundwater remediation system with ten monitoring wells. Quarterly groundwater monitoring, a pump test, and a soil vapor extraction test have been conducted to inform remedial system design, and a Remedial Investigation/Feasibility Study is underway to guide further cleanup. 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 gasoline release at this site originated from a UST system whose decommissioning in 1992 — and whose lead-bearing groundwater contamination detected in 1994–1995 samples — points to fueling operations that predate 1986, when occurrence-based CGL policies were the industry standard. Because the contamination here involves both petroleum hydrocarbons in excavated soil and dissolved lead in groundwater consistent with leaded gasoline, the release profile ties directly to the era those policies covered. The site's ongoing remediation costs — tank removal, soil excavation, groundwater treatment, vapor extraction testing, and a full RI/FS still in progress — represent expenditures that historical carriers who insured the auto auction's fueling operations may be obligated both to reimburse and to fund going forward.
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.