This property has a documented history as a automobile dealership predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property operated as the McCord Brothers Nissan Dodge car dealership, with three underground storage tanks — one gasoline and two diesel — used to fuel vehicles for sale or service. The tanks were decommissioned in September 1991, at which point initial assessments identified petroleum-contaminated soil; approximately 40 cubic yards of impacted soil were removed through U-shaped excavations including an over-excavation of the lower arm, and the contaminated area was subsequently capped. The site was listed in 1993 and underwent a further hazard assessment in 2013, with active cleanup still pending. 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 property originated from underground storage tanks that, based on the age of decommissioned infrastructure, were in service well before 1986 — the period when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. Gasoline and diesel releases of this kind, slow and gradual over years of tank operation, are precisely the loss scenario those pre-1986 policies were written to cover. The investigation, remediation design, and cleanup costs now ahead for this site could plausibly be funded by historical carriers whose policies were active during the decades those tanks were in the ground.
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.
