This property has a documented history as a auto body / repair shop going back to 1960. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
Fred's Auto Wrecking has operated as an auto wrecking yard at this Port Angeles property since the 1960s, conducting vehicle dismantling, parts breakdown at an on-site metal table, open-air storage of auto batteries, and operation of an auto crusher. A site hazard assessment completed in February 2004 documented contamination associated with these long-standing operations — including petroleum substances in the vicinity of the crusher and a 55-gallon drum, and battery acid from improperly stored batteries — and scored the site under Ecology's hazard-ranking framework. As of the assessment, no cleanup or remediation activities had been performed or planned at the site. 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 — petroleum fluids from decades of vehicle crushing and dismantling, and battery acid from open-air battery storage — originated from wrecking operations that began more than two decades before 1986, when occurrence-based CGL policies were still the industry standard and carried no effective pollution exclusion in Washington. Chronic, low-level releases of this kind, accumulating over years of active wrecking activity, are precisely the type of loss occurrence those pre-1986 policies were written to cover. The investigation and cleanup costs now ahead for this site could plausibly be funded by historical carriers whose policies were in force during those decades of operation.
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.
