This property operated as Firestone Complete Auto Care from 1960 through 2020, with contamination attributed to historic vehicle servicing operations — specifically in-ground hydraulic auto hoists and a waste oil underground storage tank removed around 1996. Interim cleanup actions in 2022 included building demolition, excavation and disposal of 82.21 tons of contaminated soil, removal of hoist casings and piping, and injection of 400 pounds of Petrofix for groundwater treatment and soil stabilization. Groundwater monitoring is planned for at least four additional quarters, and the site's Voluntary Cleanup Program agreement was terminated in February 2025 due to unpaid costs. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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 service operations at this property began in 1960 — more than two decades before the 1986 threshold after which occurrence-based CGL policies began routinely excluding pollution claims. The contamination is explicitly attributed to historic operations from that pre-1986 window: in-ground hydraulic hoists and a waste oil tank installed and used during an era when such policies had no effective pollution exclusion. The documented remediation trail — UST removal, soil excavation, groundwater treatment, and ongoing monitoring — represents expenditures tied directly to releases from that earlier operational period, leaving historical carriers who issued CGL policies during the 1960s through 1980s potentially obligated to fund continued cleanup.
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.
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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.