This property has a documented history as a automobile dealership going back to 1973. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.

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 waste oil UST at this property was in service well before 1986 — the facility structures were standing by 1973, and lead contamination recovered with the waste oil is a direct indicator of pre-1986 operations when leaded petroleum products were still in commercial use. Occurrence-based CGL policies issued to Oak Harbor Motors and earlier operators during that window carried no effective pollution exclusion under Washington law and remain enforceable today. The site's documented remediation costs — UST removal, soil excavation, onsite biodegradation, 2.8 million gallons of groundwater treatment, and more than two decades of monitoring — represent expenditures that historical carriers may be obligated both to recover and to fund as the property pursues final regulatory closure.

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.