This property has hosted light-industrial operations — auto parts salvaging, equipment salvaging, trucking storage, and junkyard activities — since at least 1977, when it was acquired with buildings already in place. Past cleanup efforts under the Voluntary Cleanup Program have included covering contaminated soils with pitrun, burying affected material, and excavations associated with former underground storage tanks. Although the site was previously designated as "Reported Cleaned Up," contamination from heavy metals, diesel, and lube oil remains, and cleanup work continues. 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 heavy metal, diesel, and lube oil contamination at this property stems from decades of auto salvaging and industrial wrecking operations that were well underway before 1986. Occurrence-based CGL policies issued to operators during that pre-1986 window carried no effective pollution exclusion in Washington and remain enforceable today. The site's ongoing remediation — already spanning multiple rounds of soil management and UST-related excavation — represents costs that historical carriers may be obligated to reimburse and to continue funding as cleanup progresses.
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.