This property has a documented history as a automobile dealership going back to 1980. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.

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.

Automotive operations at this property began in 1980 — six years before occurrence-based Commercial General Liability policies were effectively written out of the pollution coverage market. Motor oil releases and lead contamination from service and maintenance activities that predate 1986 are precisely the type of slow, ongoing environmental harm those policies were drafted to address. The property owner now faces excavation and disposal costs for at least 7 cubic yards of contaminated surface soil, and historical carriers who issued CGL policies during the Duffy's Motors or early Bakkers Better Motors years may hold an obligation to fund that remediation.

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.