This property has a documented history as a auto body / repair shop going back to 1971. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property operated as Mr. Muffler, an auto repair shop with four underground storage tanks holding gasoline and heating oil. The USTs were removed in 1996, with groundwater contamination and possibly free product encountered at five feet below ground surface during excavation. Approximately 5,000 gallons of contaminated groundwater were pumped and disposed off-site, excavations were backfilled with clean imported fill, and natural attenuation has continued over a fourteen-year monitoring period. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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 petroleum contamination at this site traces to underground storage tanks estimated to have been installed around 1971 — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. With the site still awaiting formal cleanup under Ecology's standard program, the property owner faces remediation costs that have not yet been fully incurred. Historical carriers whose CGL policies were in effect during the decades those USTs were in service may be obligated to fund the investigation and cleanup work 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.