This 0.34-acre commercial property in Aberdeen operated as Hubb's Muffler, an auto repair shop classified under repair services. A Site Hazard Assessment documented the discovery of four underground storage tanks at the property in December 1996, all already out of use at that time. At least one tank is assumed to have contained gasoline, with petroleum hydrocarbons and xylene identified as presumed contaminants. There is no record of UST removal, and no cleanup or remediation work has been undertaken; the tanks are assumed to remain in place. 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 underground storage tanks at this site were already disused when discovered in 1996, indicating installation and operation well before 1986 — the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The property now faces the full arc of remediation costs ahead of it: tank removal, site investigation, and whatever cleanup the contamination assessment ultimately requires. Historical CGL carriers whose policies were in force during the years these tanks held gasoline may be obligated to fund those upcoming remediation expenditures.
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.