This property has a documented history as a auto body / repair shop predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
East County Auto operated as an automotive repair shop in Washougal, discharging petroleum hydrocarbon-sheening fluid from the shop through a pipe to a low-lying area between parcels and onto adjacent property. An on-site dry well was also used to receive wastewater generated from shop operations. A partial cleanup in 2018 removed contaminated material, but the site remains in the Awaiting Cleanup phase under the Standard Cleanup program, with lead and petroleum hydrocarbon contamination documented in soil and groundwater and halogenated solvents suspected. 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 lead contamination identified at this automotive property points to operations involving leaded gasoline, which was largely phased out before 1986 — the same era when occurrence-based CGL policies contained no effective pollution exclusion. The on-site dry well disposal practice and petroleum discharges to neighboring land are the type of gradual, recurring releases that pre-1986 policies were written to cover. The investigation and remediation costs still ahead of this property — site assessment, source removal, and cleanup design — represent expenditures that historical carriers who issued CGL policies during that operational window may be obligated to fund.
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.
