This property has operated as a vehicle maintenance and repair shop since the mid-1960s, with buildings constructed between 1960 and 1963 on a site filled before 1960. Petroleum contamination — gasoline, diesel, and motor oil — has been identified in both soil and groundwater beneath and around the facility, originating from past releases in maintenance trenches and wash-down areas. Cleanup actions to date include the removal of two underground storage tanks in 1992, filling a pit and sump with concrete in 1997, installation of an air sparge system and bioremediation for groundwater in 2006, construction of a subsurface barrier wall, and ongoing quarterly groundwater monitoring. The site remains in the Awaiting Cleanup phase under Ecology's Standard Cleanup program. 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.
Vehicle maintenance operations at this site began more than two decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. The petroleum contamination in soil and groundwater here is the product of slow, cumulative releases from maintenance trenches and underground storage tanks operated throughout that pre-1986 window. With active cleanup still ahead and interim remediation costs already accruing — tank removals, barrier walls, bioremediation, long-term monitoring — historical carriers whose CGL policies were in force during the decades of contaminating operations may be obligated to fund the remaining 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.