This property served as a Kitsap County Road District Number 2 street maintenance facility prior to 1970, with tar and oil stored near the garage at 980 Mitchell Avenue and street sweepings deposited on the adjacent 900 Mitchell Avenue parcel. An RV waste dump station also operated on the site from 1985 to 1989. A Volunteer Clean-up Project completed in 2003 excavated and removed contaminated material from near the garage building, but the site remains under Ecology's Standard Cleanup program with further cleanup work still ahead. 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 property — oil, gasoline, and polycyclic aromatic hydrocarbons — traces directly to street maintenance operations that were underway well before 1970, placing them squarely within the era of occurrence-based CGL policies that carried no effective pollution exclusion. The property owner now faces the prospect of additional remediation costs under the Standard Cleanup program beyond what the 2003 excavation addressed. Historical carriers who issued policies during those decades of municipal yard operations may be obligated to fund the cleanup costs this site still requires.
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.