This property was constructed in 1964 as an Oldsmobile dealership, with a waste oil underground storage tank and hydraulic lift pits serving the service department. Cleanup under the Standard Cleanup program included removal of USTs and hydraulic lift pits along with excavation of 827.6 tons of contaminated soil in 1993, followed by groundwater monitoring from 1996 to 1998. A 2013 Site Hazard Assessment confirmed that a limited amount of contaminated soil remains in place due to site constraints, 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.
Petroleum and PCB contamination at this site originated from a waste oil UST and hydraulic lift pits that were installed in 1964 and operated continuously through 1986 — squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank and lift pit removal, excavation of over 800 tons of soil, years of groundwater monitoring, and follow-up hazard assessment — represent costs tied directly to releases from those pre-1986 operations. With contamination still remaining on site, historical carriers who covered the dealership during that operational window may be obligated both to reimburse past cleanup costs and to fund the remediation still 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.