This property has a documented history as a auto body / repair shop going back to 1972. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This Tacoma property has a documented ownership history stretching back to 1946, with a gas station structure already present on-site when Harlan Skavlem purchased it in 1972 and began operating Emergency Repair Services (ERS) — a heavy equipment and logging truck repair business that later became Pelican Express, Inc. A release of hazardous substances associated with those operations triggered an Agreed Order requiring remedial action, including potential removal of contaminated soils, interim measures to address groundwater contamination, and a minimum of one year of monthly groundwater monitoring. The responsible party is obligated under the order to fund all remediation costs incurred by Ecology, with bi-monthly progress reporting and a ten-year record retention requirement. 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.
Operations at this property — first under a gas station structure and then as a heavy equipment repair facility — commenced no later than 1972, more than a decade before the 1986 threshold at which occurrence-based Commercial General Liability policies began uniformly excluding pollution claims. The hazardous-substance releases documented here are consistent with the gradual industrial contamination that pre-1986 CGL policies were written to address, rather than a single identifiable incident. Soil removal, groundwater mitigation, and long-term monitoring represent ongoing remediation expenditures that historical carriers whose policies were in force during the operational period may be obligated both to recover and to fund going forward.
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
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.
