This property has a documented history as a auto body / repair shop predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property housed a Sears Automotive Center with three identified areas of environmental concern: a 2,500-gallon underground storage tank containing heating oil, a hydraulic hoist, and a floor drain. A leaking UST was discovered in 2006 and subsequently closed in place using slurry; oily liquids were pumped from the tank and the hydraulic lift was excavated and removed. Approximately 78 cubic yards of contaminated soil have been identified but not yet remediated, and the site remains in the Standard Cleanup program awaiting further action. 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 soil contamination at this former automotive center — gasoline and heavy oil from a leaking UST and hydraulic operations predating 1986 — now requires remediation that the property owner will need to fund. An estimated 78 cubic yards of contaminated soil await excavation and disposal, representing the principal upcoming cleanup expenditure at this site. Occurrence-based CGL policies issued during the early 1980s, when the underground storage tank was installed and automotive operations were generating the contamination now requiring cleanup, may obligate historical carriers to cover these costs along with the preliminary remediation work already completed.
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.