This property has operated as a car and truck rental facility for Budget Rent A Car System, Inc., with underground storage tanks installed as early as 1964 to fuel its rental fleet. Cleanup activities have included historical UST removals dating to 1964, followed by the 2016 excavation and removal of a 4,000-gallon gasoline tank and a 12,000-gallon diesel tank, recovery of 6,000 gallons of petroleum-affected groundwater, and backfilling of the excavation area. The site has carried a Cleanup Started status since 1991, and further groundwater investigation is required as part of an ongoing, multi-year remediation effort. 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.
Petroleum contamination at this property traces directly to underground storage tanks installed in 1964, 1971, and 1984 — each predating the 1986 shift away from occurrence-based Commercial General Liability policies. Decades of remediation expenditures, from repeated tank removals to groundwater recovery and continuing investigation, represent costs that historical CGL carriers may be obligated to reimburse and to fund going forward. The long operational timeline and documented legacy contamination make this site a strong candidate for recovery under pre-1986 policies that carried no effective pollution exclusion.
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.