This property has a documented history as a automobile dealership predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as the Topping Volvo Nissan dealership in Tacoma, with underground storage tanks holding gasoline, new oil, and waste oil, and in-ground hydraulic hoists serving the dealership's automotive service department. Contamination from historical overfills and spills led to the removal of four underground storage tanks and hydraulic hoists in the early 1990s, along with the excavation and off-site disposal of approximately 1,434 tons of contaminated soil. Multiple groundwater monitoring wells were installed, and quarterly groundwater monitoring continued through at least November 2016. The preferred final cleanup strategy under the Voluntary Cleanup Program calls for long-term groundwater monitoring and institutional controls, with an estimated budget of $31,500. 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.
Petroleum contamination at this site originated from underground storage tanks used for automotive fueling and servicing operations that predate 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — tank removals, excavation of over 1,400 tons of soil, years of groundwater monitoring — along with the costs of the ongoing monitoring and institutional controls still ahead represent obligations the historical carriers who insured the dealership during its pre-1986 operations may be required 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.
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.