This property has a documented history as a automobile dealership going back to 1965. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
The 3109 parcel has operated as a car dealership since the mid-1960s, with an additional dealership building and a 550-gallon used-oil underground storage tank installed in the early 1970s. A separate used-oil UST at the adjacent 3302 parcel — historically a Midas Muffler and car repair shop — was removed in 1996. Remediation work at the 3109 parcel from 2012 to 2019 included excavation and disposal of 384 tons of contaminated soil, removal of the 550-gallon used-oil UST, and decommissioning of groundwater monitoring wells. Separately, a 21-year off-site cleanup project at an adjacent property (1991–2012) involved the removal of two 2,000-gallon gasoline USTs, excavation of contaminated soil, and land farming operations. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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.
Used-oil storage and automotive service operations at both the 3109 and 3302 parcels predate 1986 by at least a decade, placing them within the window when occurrence-based CGL policies were standard and carried no effective pollution exclusion in Washington State. The documented expenditures here — the 1996 UST removal at the 3302 parcel, seven years of excavation and remediation at the 3109 parcel, and more than two decades of off-site cleanup at the adjacent property — represent costs that historical carriers may be obligated to recover. Because the site's status remains Cleanup Started, those same carriers may also be obligated to fund the remediation work that has yet to be completed.
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.
