This property has a documented history as a auto body / repair shop predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property was the site of a Montgomery Ward auto repair facility that operated for many years, releasing halogenated volatile organic compounds — including PCE and TCE — along with naphthalene and light non-aqueous phase liquid (LNAPL) into the subsurface. Ecology has formally attributed the contamination to a historical release from this property, based on groundwater flow direction, proximity, and the chemical profile of the plume. Remediation efforts to date have included the extraction of 16,000 gallons of LNAPL by 1984, installation and continuous operation of soil vapor extraction and groundwater extraction systems since 1995, removal of underground storage tanks and 650 cubic yards of impacted soil in 2004, and ongoing semi-annual groundwater monitoring with evidence of natural biodegradation. Formal cleanup under Ecology's Standard Cleanup program has not yet commenced. 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 halogenated solvents and petroleum contamination at this site originated from auto repair operations conducted well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. Ecology's own Potentially Liable Person letters trace the release directly to Montgomery Ward's historical operations on the property, establishing exactly the kind of pre-1986 contamination event those policies were written to cover. With Standard Cleanup still ahead, the property faces substantial investigation and remediation expenditures — costs that historical carriers who issued CGL policies during the facility's operational years may be obligated to fund.
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
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.
