An automotive repair facility operated at this property from at least 1954 through 1999 — more than four decades of use predating 1986 alone. Tetrachloroethene (PCE), diesel, and oil contamination in soil and groundwater have been attributed to those repair operations. In October 2023, approximately 300 tons of PCE-affected soil were excavated, achieving cleanup levels in soil; the project is now transitioning to performance monitoring, with monitoring-well decommissioning and reinstallation planned as part of ongoing site redevelopment. 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 PCE, diesel, and oil contamination documented at this property originated from automotive repair operations that ran continuously for decades before 1986, when occurrence-based Commercial General Liability policies were still standard and carried no effective pollution exclusion in Washington. The 300 tons of excavated PCE-affected soil represent documented remediation expenditures tied directly to that pre-1986 operational history. With performance monitoring still ahead, historical carriers whose policies were in force during the facility's long pre-1986 operating window may be obligated both to recover those past cleanup costs and to fund the monitoring work that remains.
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.