This property has a documented history as a automobile dealership predating 1986. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.
Mallory Buick operated as a Buick dealership at this Westlake Avenue North property, with underground storage tanks and service infrastructure in place until the business went vacant in the early 1980s. The buildings were demolished in 1990, at which point six USTs, sumps, hydraulic cylinders, and associated trenches were removed and subsurface investigation began. Between 1990 and 1994, approximately 8,438 cubic yards of petroleum-contaminated soil were excavated and disposed of off-site; groundwater monitoring followed through 1995. Washington Ecology issued a No Further Action determination in 2012. 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 petroleum contamination at this former dealership originated from underground storage tanks installed and operated well before the business went vacant in the early 1980s — squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The documented remediation work — six UST removals, nearly 8,500 cubic yards of soil excavation, backfilling, and multi-year groundwater monitoring — represents a defined body of cleanup expenditure tied to those pre-1986 operations. Historical carriers who issued CGL policies during Mallory Buick's operating years may still be obligated to recover those costs.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.
