This property operates as Montgomery's Auto Wrecking, an auto wrecking and vehicle-crushing facility in Bellingham. A 2005 investigation documented significant soil and water contamination from automotive fluids — gasoline, oil, transmission fluid, brake fluid, and antifreeze — discharged to the ground through past waste-fluid management practices, along with elevated levels of lead and cadmium. Surface soil was excavated and disposed of in March 2006 as part of initial contamination reduction efforts, and an independent cleanup action remains in progress. 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.
The contamination at this site stems from the cumulative discharge of automotive fluids and metals over the course of the wrecking operation's history — the type of gradual, ongoing release that occurrence-based Commercial General Liability policies were designed to cover. With cleanup still in progress and further remediation costs ahead, historical CGL policies issued during the facility's earlier operational years may provide a funding source for both the work already performed and the cleanup expenditures yet to come.
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.