This property has a documented operational history stretching back to 1912, with industrial operations through the early 1970s followed by construction of the current automotive service garage in 1973. Cleanup activities have included the 1997 removal of a 550-gallon used motor oil underground storage tank, disposal of residual sludge, and excavation and off-site treatment of over 52 tons of impacted soil. A No Further Action determination was issued in 2011, but the site was reopened in 2019 under the Standard Cleanup program, and the property remains in active commercial use as a Firestone Complete Auto Care 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.
Contamination at this property originated from a waste oil UST and historical industrial operations that predate 1986 by decades — the building itself was constructed in 1973, and the site's industrial history reaches back to 1912. Occurrence-based CGL policies issued to operators during that long pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. With the site reopened after its initial NFA determination, documented remediation costs already incurred and the prospect of additional cleanup obligations ahead represent expenditures that historical carriers may be obligated both to recover 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.