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 — and recover costs already spent.
This Moses Lake property became subject to environmental investigation when TPH-Diesel and TPH-Oil contamination — originating from a neighboring auto service and storage site — was identified during groundwater sampling conducted in connection with a property transfer in 1998–1999. Monitoring well 4 on parcel 311944000 was the sole well to register TPH levels above MTCA Method A cleanup standards, and the site enrolled in the Voluntary Cleanup Program from 1999 through 2006. Documented remediation activities include soil cuttings disposal and monitoring well purging, with the existing site cover serving as a low-permeability containment barrier and quarterly groundwater monitoring continuing into 2016. 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 documented here traces to operations at a neighboring auto service and storage facility, and the historical presence of total lead as a contaminant of concern — requiring explicit analysis in groundwater samples — is a strong indicator that those source operations predated 1986, when leaded gasoline was still in routine commercial use. Occurrence-based Commercial General Liability policies issued to operators during that pre-1986 window carried no effective pollution exclusion and remain legally enforceable today. The investigation, monitoring program, and containment measures that have followed from those historical releases represent costs that the source operator's historical carriers may be obligated both to recover and to fund going forward.
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.
