IKAN Auto Wrecking in Montesano is an operating wrecking yard where vehicles in various states of repair and assembly are housed across the property. Contamination from the wrecking yard's operations — primarily used oil — has been estimated to have potentially impacted approximately 142,510 square feet of the site. A Site Hazard Assessment has been completed and the site is classified as awaiting cleanup; no remediation work has yet commenced. 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.
The presence of lead as a substance of concern at this wrecking yard is a strong indicator of operations conducted during the leaded-gasoline era, prior to the mid-1980s phase-out — precisely the period when occurrence-based CGL policies without effective pollution exclusions were in force. An estimated 142,510 square feet of the property has been potentially impacted by used oil from vehicle dismantling operations, representing a remediation liability of substantial scale. Historical carriers who issued CGL policies to the wrecking yard's operators during that leaded-gasoline-era window may be obligated to fund the cleanup costs that have not yet been incurred.
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.