This property has a documented history as a automobile dealership predating 1986. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as a Datsun dealership prior to 1987, when Jim Clary and BCAG purchased it along with a 10,000-square-foot showroom and vehicle service building; it has since operated continuously as Bud Clary Subaru. Contamination was present at the time of the 1987 purchase, confirming its origin in the pre-acquisition operations. Remediation under the Voluntary Cleanup Program has included two phases of soil excavation removing 1,218 tons of contaminated soil and debris, off-site disposal of 4,000 gallons of affected groundwater, in-situ injection of a biological remediation solution, and ongoing groundwater monitoring projected to continue for 24 to 36 months. 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.
The contamination at this property predates the 1987 sale and was generated by dealership and vehicle service operations conducted before 1986 — the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The documented remediation trail — two excavation campaigns, groundwater recovery and treatment, active biological injection, and multi-year monitoring — represents costs tied directly to that pre-1986 operational period. Historical carriers whose CGL policies covered the Datsun dealership during those years may be obligated both to recover costs already incurred and to fund the cleanup work that remains ahead.
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.
