This property was redeveloped as Klein Motors in 1965, with automotive service garages, gasoline underground storage tanks, and hydraulic hoists for vehicle repair. Cleanup under the Standard Cleanup program included excavation of over 4,146 tons of petroleum-contaminated soil, removal of USTs and a hydraulic hoist, pumping of 8,650 gallons of contact water, application of Oxygen Releasing Compound for in-situ treatment, and containment beneath an asphalt and concrete cap. The site received a No Further Action determination and remains subject to an Environmental Covenant requiring ongoing monitoring, inspections, and maintenance. The property is currently in active use as Epic Ford, an automobile dealership and service shop. 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 site traces to underground storage tanks and automotive service operations that were installed and running by 1965 — more than two decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with pollution exclusions. The documented remediation expenditures — large-scale soil excavation, tank removal, groundwater treatment, chemical amendment, engineered capping, and long-term covenant-based monitoring — represent costs tied directly to releases from those pre-1986 operations. Historical carriers who issued CGL policies to the dealership operators during that window may still be obligated to cover those cleanup costs.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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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.