This property has a documented history as a auto body / repair shop going back to 1926. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property has hosted commercial operations since at least the late 1920s, when underground storage tanks for ethyl gasoline were first installed. John Dunato & Co purchased the property in 1985 and has operated it as a boat maintenance facility — including a covered preparation and painting area and repair shop — since that time. Cleanup under the Voluntary Cleanup Program in March 2010 involved excavation and off-site disposal of contaminated soil from three locations, removal of four 1,000-gallon and one 750-gallon underground storage tanks at depths of 7 to 13 feet, with contamination attributed to historical spills and leaks from former USTs and an aboveground storage tank. 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 underground storage tanks that are the source of contamination at this property were installed as early as 1926 — six decades before occurrence-based CGL policies began incorporating effective pollution exclusions. The documented remediation costs from the 2010 cleanup — tank removals, deep soil excavation across three areas, and off-site disposal — arose from releases tied directly to those pre-1986 tank operations. Historical carriers who issued CGL policies covering this property during the decades those tanks were in service may still be obligated to recover those cleanup expenditures and to fund any further remediation the site requires.
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.
